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PROOEEDINaS  OF  THE  CONVENTION 


OK    Til  10 


PEOPLE  OF  FLORIDA, 


CALLED  SESSIONS, 

Begun  and  Held  at  tlie  Capitol  in  Tallahassee,  on  Tuesday, 
February  26th,  and  Thursday,  April  18th,  1861. 


Crr\EG.X 


U     '     0* 


PROCEEDINGS  OF  THE  CONVENTION. 


CALLED  SESSIOIs. 


FIRST  DAY. 

TUESDAY,  February  20tli,  1861. 

Tlic  Convention  assembled  this  day,  at  the  Capitol,  in  the 
v'.ity  of  Tallahassee,  in  accordance  with  a  proclamation  of  the 
President,  dated  13tli  February,  1801. 

Upon  the  call  of  the  roll,  the  following  Delegates  answered  to 
their  names,  viz : 

j\Ir.  President. 

John  Beard,  G.  T.  Ward,  G.  W.  Parkhill  and  James  Kirk- 
ft^y  of  Leon. 

Isaac  S.  Coon  of  Xew  River. 

J.  G.  Cooper  and  Joseph  Finegau  of  Nassau. 

J.  B.  Dawkins  of  Alachua. 

W.  S.  Dihvorth  and  T.  M.  Palmer  of  Jefterson. 

S.  M.  G.  Gary  and  Wm.  McGahagin  of  Marion. 

G.  II.  Hunter  and  J.  W.  Jones  of  Columbia. 

John  J.  Lamb,  ]  .3th  Senatorial  District. 

A.  J.  Lea  and  Wm.  H.  Sever  of  Madison,  Tavlor  and  Lafaj- 
ffte. 

D.  G.  Leigh  of  Sumter. 

McQueen  Mcintosh,  5th  Senatorial  District. 

.L  A.  Newman  of  Suwannee. 

A  quorum  not  being  present,  upon  motion  of  Mr.  OooiJer, 
seconded  l)y  Mr.  Finegan,  the  Convention  adjourned  imtil  to- 
morrow at  half-past  2  o'clock,  P.  M. 


PL.?5  13 


SECOND   DAY. 


WEDNESDAY,  February  2VtIi,  1861. 

The  Convention  met  pursuant  to  adjournment. 

Upon  the  call  of  the  roll  the  following  delegates  answered  to 
tboir  names: 

Mr.  President,  Messrs.  Alderman,  Anderson,  Baker  of  Calhoun, 
Daker  of  Jackson,  Harrington,  Heard,  Coon,  Cooper,  Daniel, 
Dawkins,  Devall,  Dilworth,  Finegan,  Folsom,  Gary,  Helvenston, 
Hendricks,  Henry,  Hunter,  Jones,  Kirksey,  Lamar,  Lamb,  Lea 
of  Madison,  Lewis,  Love,  McCaskill,  McGahagin,  McLitosh,  Me- 
Nealey,  Newman,  Nicholson,  Pahner,  Pai-kliill,  Pelot,  Sever, 
Spencer,  Stejjhens,  Thomas,  Ward  and  Yates. 

A  ((uorum  being  present,  the  Convention  proceeded  to  business. 

Mr.  Heard  of  Leon  oiFered  the  following  resolutions  : 
Whi:im:.\s,  It  has  ])leased  God  to  remove  by  the  hand  of  death 

Dr.  Hicx.iAisnx   W.   Saxok,  wlio  Av.as  a  member  of  this  body. 

and  who  dejxvrted  this  life  during  the  recess — 

Jl"M>lred,  That,  in  testimony  of  our  regard  for  the  memory  of 
the  deceased,  and  of  our  sympathy  Avith  his  bereaved  friends,  Ave 
v^ill  wear  the  customary  badge  of  mourning. 

Jie^olned,  That  these  proceedings  be  entered  on  the  journal  of 
this  C'onvention,  and  that  a  copy  of  them  be  sent  by  the  Secre- 
tary to  the  family  of  the  deceased. 

Which  were  unanimously  adopted. 

Mr.  Mcintosh  moved  that  John  W.  Tompkins  be  appointed 
second  assistant  Secretary  in  place  of  E.  W.  Rogers,  until  Mi'. 
Rogers  shall  present  himself  in  this  Convention; 

Which  was  adojited. 

The  President  announced  that  he  had  in  his  possession  a  com- 
munication from  the  delegates  of  the  State  of  Florida  to  the 
Cont^ress  of  tlu'  Confederate  States  of  America  uoav  in  session 
at.M<»ntgonu'ry. 

On  motion  the  Convention  went  into  secret  session,  for  the 
purpose  of  receiving  said  comnnmication. 

Sometime  being  sitent  in  secret  session,  the  doors  were  opened 
and  the  Convention  resumed  its  business. 

Mr.  Beard  oi'Leon  made  the  following  report : 

Tile  Special  Committee  appointed  to  see  that  all  ordinances 
and  resolutions  adoj)ted  by  the  Convention  before  the  recess  are 
properly  em-olled,  having  jjerformed  the  duty  assigned  to  them, 
ask  to  be  discharged. 

JOHN  BEARD,  diairman. 

Which  was  read  aud  the.  Committee  discliaro-od, 


jMi".  Beard  of  Leou  offered  the  following  ordinance : 

Be  it  ordained  by  the  People  of  the  State  of  Florida  m  Con- 
vention assembled^  Tlmt  an  act  passed  by  the  General  Assembly 
at  its  last  session  entitled  an  act  to  prevent  the  collection  of  debts 
in  certain  cases  from  debtors  in  this  State,  be  and  the  same  is 
hereby  annulled ; 

Wliicli  was  placed  among-  the  orders  of  the  day  for  to-morrow, 
and  SO  copies  of  the  act  referred  to  ordere<l  to  be  ]n-inted. 

On  motion,  the  Convention  Avent  into  secret  session. 

After  some  time  being  spent  therein,  the  Convention  resumed 
its  business  in  o])en  session. 

Mr.  Love  of  Gadsden  moved  that  the  Convention  do  now  ad- 
journ to  meet  in  Fernandina  on  Friday  next,  at  half-past  two 
o'clock,  P.  I\I. 

Mr.  13aker  of  Calhoun  moved  to  lay  said  motion  on  the  table; 

Upon  which  motion  the  yeas  and  nays  were  called  by  Messrs. 
Dawkins  and  Coon,  and  were : 

Yeas — Mr.  President,  Messrs.  Alderman,  Anderson,  Baker  of 
Calhoun,  Baker  of  Jackson,  Barrington,  Beard,  Coon,  Daniel, 
Dawkins,  Devall,  Dilworth,  Finegau,  F"olsom,  Gary,  Hendricks, 
Jones,  Kirksey,  Lamb,  Lewis,  Love,  JSEcCaskill,  jNIcNealey,  New- 
man, Nicholson,  Palmer,  Pelot,  Sever,  Ward  and  Yates — 30. 

Nays — Messrs.  Cooper,  Ilelvenston,  Lamar,  McGahagin,  Mc- 
intosh and  Ste])hens — 6. 

So  the  motion  Avas  carried. 

Mr.  Lamar  of  Jefferson  offered  the  following  resolution  : 

Resolved,  That  this  CouAcntion  now  take  a  recess  to  be  as- 
sembled at  the  call  of  the  President,  or  by  the  Governor  in  the 
event  of  the  inability  of  the  President  from  illness,  or  other 
cause ; 

Which  Avas  i-ead  and  placed  among  the  orders. 

Mr,  Beard  of  Leon  offered  the  folloAving  resolution : 

Resolved,  That  a  committee  of  three  be  appointed  by  the  Pres- 
ident to  revise  and  digest  the  Constitution  of  tlie  State,  and  sub- 
mit the  result  to  this  Convention  ; 

Whicli  was  read  and  ]>laced  among  the  orders. 

Mr.  Ward  of  Leon  offered  a  resolution  to  repeal  the  .jlh  sec- 
tion of  the  6th  article  of  the  Constitution; 

Which  was  read  and  placed  anumg  the  onlers. 

Mr.  ]\[cIntosh  of  Calhoun,  gave  notice  that  he  A\ould  on  to- 
morrow call  up  the  report  froni  the  Committee  on  Sea  Coast  De- 
fences, made  at  the  last  session  of  this  Convention. 

Mr.  Lea  of  Madison  offered  a  resolution  to  repeal  the  10th 
section  of  the  6th  article  of  tlie  Constitution  ; 

W^hich  was  reail  and  ])laced  among  tht'  orders. 

On  motion,  the  Convention  adjourned  until  10  o'clock,  to-mor- 
row morninir. 


P[.Hb13 


THIRD   DAY. 


THURSDAY,  February  28th,  18G1. 

The  Convention  met  pursuant  to  adjournment — a  quorum  jires- 
cnt. 

Prayer  by  Rev.  Dr.  Dubose. 

The  proceedmgs  of  yesterday  were  read,  amended  and  ap- 
proved. 

Mr;  "Ward  of  Leon  moved  that  he  be  permitted  to  file  witij 
the  Clerk  a  letter  from  the  Hon.  Josejih  A.  Collier,  a  member  of 
this  Convention  from  the  county  of  Jackson,  and  to  sign  the 
name  of  the  said  Collier  to  the  Ordinance  of  Secession  passed  by 
this  Convention  on  the  10th  day  of  January  last,  in  virtue  of  the 
authority  contained  in  said  letter ; 

Which  was  agreed  to. 

Mr.  Pelot  moved  that  a  Committee  of  three  be  appointed  to 
wait  on  his  Excellency  the  Governor  to  know  if  he  has  any  mat- 
tor  to  lay  before  the  Convention  ; 

Which  Avas  agreed  to,  and  Messrs.  Pelot,  Dawkins  and  Mcin- 
tosh were  ai)pointed  said  Committee. 

Mr.  Daniel  of  Duval  ofiered  the  following  ordinance : 

lie  it  ordained  by  th.e  People  of  the  State  of  Florida  in  Con- 
vention assernhled^  That  the  Constitution  for  the  Provisional 
Government  of  the  Confederate  States  of  America  recently  adop- 
ted by  the  delegates  from  the  States  of  South  Carolina,  Georgia, 
Ahibama,  Mississippi,  Louisiana  and  Florida,  assembled  in  Con- 
gress, at  the  city  of  Montgomery,  be  and  the  same  is  hereby  rat- 
ined  and  confirmed,  and  made  the  supreme  law  of  the  State  of 
Florida  until  such  time  as  a  permanent  Constitution  for  the  Gov- 
ernment of  said  Confederate  States  shall  have  been  adopted ;  and 
to  its  maintenance  and  support  we  pledge  "  our  lives,  oiir  fortunes 
and  our  sacred  honors." 

On  motion,  the  rule  Avas  w.aived,  and  said  ordinance  put  iq^on 
itH  ]>assage,  and  unanimously  adopted. 

Mr.  Beard  of  Leon  offered  the  follov/ing  resolution : 

liesoloed,  That  until  permanent  regulations  be  made  in  rela- 
tion to  the  Marine  Hospital  at  St.  Marks,  the  Comptroller  be 
and  he  is  hereby  required  to  audit  and  allow  all  reasonable 
charges  for  necessary  supplies  to  said  Hospital  and  shall  issue 
warrants  ibr  the  same  upon  the  Treasury  of  the  State:  Provided, 
That  all  such  accounts  shall  be  sworn  to  by  the  person  or  per- 
sons claiming  payment,  and  also  be  certified  as  correct  and  pro- 
per by  the  officer  in  charge  of  said  Hospital. 

Which  Avas  read  and  placed  among  the  orders. 


Mr.  Daniel  of  Duval  offered  the  Ibllowing  resolution  : 

Be  it  resolved  7>>/  the  .Peo2}le  of  the  State  of  Florida  in  Conven- 
tion assembled^  That  until  this  Convention  or  the  General  Assent- 
bly  of  tliis  State  shall  otherwise  provide,  the  Registers  and  Receiv- 
ers of  the  several  Land  Offices  existmg  in  this  State  prior  to  the 
10th  day  of  Jan'y,  A,  D.  1861,  under  the  government  of  the  late 
LTnited  States  who  were  contiiuied  in  office  by  an  ordinance  of 
this  Convention  passed  Jan'y  1 7,  ISGl,  be  and  they  are  hereby  au- 
thorized and  required  to  resume  the  sale  of  land,  and  to  perform 
such  other  duties  as  appertain  to  their  respective  offices  under 
the  laws  and  regulations  of  the  late  United  States,  upon  giving 
the  bond  and  taking  the  oath  prescribed  by  the  ordinance  passed 
January  15th,  1861,  subject  to  such  rules,  regulations  and  in- 
structions as  may  be  prescribed  by  the  Governor  of  this  State ; 
and  the  Governor  of  this  State  is  authorized  to  iill  any  vacancy 
that  may  occur  in  any  of  said  offices  by  death,  resignation  oi" 
otherwise;  and  said  officers  shall  receive  the  same  pay  and  emol- 
uments as  were  allowed  by  the  laws  of  the  late  United  States,  to 
be  i)aid  in  such  manner  as  the  Governor  shall  prescribe;  and 
such  amounts  as  were  due  to  said  officers  by  the  late  United 
States  on  the  10th  day  of  January  last,  for  salary  and  commis- 
sions, shall  be  ])aid  them  imder  the  direction  of  the  Governor  of 
this  State. 

Which  Avas  read. 

On  motion  of  Mr.  Mcintosh,  said  resolution  Avas  referred  to  :t 
Select  Committee  of  six. 

The  President  appointed  ]\[essrs.  Mcintosh,  Ward,  Pelot,  Dil- 
worth,  Helvenston  and  Daniel  said  Committee. 

Mr.  Palmer  of  Jefferson  offered  the  following  resolution : 

.Resolved^  That  the  members  of  this  Convention  agree  not  to 
receive  any  pay  for  their  services  as  delegates ; 

Which  Avas  read  and  place<l  among  the  orders. 

ORDERS  OF  THE  DAY. 

\\\  ordinance  to  rc[»eal  an  act  passed  by  the  General  Assembly 
entitled  an  act  to  prevent  the  collection  of  debts  in  certain  cases 
from  debtors  in  this  State, 

Was  read,  and  on  motion  of  Mr.  Beard  of  Leon,  Avas  passed 
over  for  the  present. 

Resolution  relating  to  an  adjournment  of  the  ConA-eution, 

Was  read,  and  on  motion  of  IMr.  Lamar  of  Jefferson,  AA'as  laid 
on  the  table  for  the  in-escnt. 

Resolution  to  repeal  the  5th  Section  of  the  Otii  Article  of  the 
Constitution  of  this  State, 

Was  read. 

Mr.  Mcintosh  of  Calhoun  offered  the  following  as  a  substitute : 


Be  it  ordaim'J^  That  the  legal  disability  undei-  the  5th  Section 
of  the  6th  Article  of  the  Constitution  shall  not  accrue  mitil  after 
trial  and  conviction  according  to  due  form  of  law. 

Be  It  further  ordained.  That  the  10th  Section  of  the  6th  Arti- 
cle of  the  Constitution  he  and  the  same  is  hereby  abrogated  and 
aimullcd ; 

Which  substitute  was  adopted  in  lieu  ol  the  origmal  and  put 
niton  its  passage. 

Mr.  Beard  of  Leon  moved  a  division  of  the  subjects; 

Wliich  Avas  agreed  to,  and  the  first  section  of  the  substitute  put 
ui)on  its  passage. 

Mr.  Love  of 'Gadsden  moved  to  lay  the  1st  section  of  the  sub- 
stitute on  the  table ; 

Which  motion  was  lost. 

Upon  the  passage  of  said  section  the  yeas  and  nays  were  called 
for  by  Messrs.  Love  and  Stephens  and  were  : 

Yeas — Mr.  President,  Messrs.  Alderman,  Baker  of  Calhoun, 
Baker  of  Jackson,  Barrington,  Beard,  Coon,  Cooper,  Daniel, 
Dawkins,  Devall,  Dilworth,"Fiuegan,  Folsoni,  Gary,  Helvenston, 
Hendricks,  Hunter,  Jones,  Kirksey,  Lamar,  Lamb,  Lea  of  Madi- 
son, Leigh  of  Sumter,  Lewis,  McCaskill,  McGahagiUj  McLean, 
Mcintosh,  McXealey,  Newman,  Nicholson,  Palmer,  Parkhill,  Pe- 
lot.  Sever,  Spencer,  Thomas,  Ward  and  Yates— 40. 

Nays — Messrs.  Henry,  Love  and  Stephens — 3. 

So  the  1st  section  of  the  substitute  j^assed. 

The  second  section  of  the  substitute  was  then  put  ui)on  its  pas- 
sage, the  yeas  and  nays  being  called  by  Messrs  Love  and  Mcin- 
tosh, and  Avere : 

Yeas — Messrs.  Alderman,  Barrmgton,  Coon,  Cooper,  Dawkins, 
Devall,  Dilwortli,  Finegan,  Gary,  Hendricks,  Lamar,  Lamb,  Lea 
of  Madison,  Leigh  of  Sumter,  LcAvis,  McGahagin,  Mcintosh, 
Nicholson,  Palmer,  Parkhill,  Pelot,  Sever,  Thomas,  Ward  and 
Vates— 25. 

Nays — Mr.  President,  Messrs.  Baker  of  Calhoun,  Baker  of 
Jackson,  Beard,  Daniel,  Helvenston,  Henry,  Hunter,  Jones, 
Ivirksey,  Love,  McCaskill,  McLean,  McNealey,  Newman,  Spen- 
cer and  Stephens — 17. 

So  the  second  section  of  the  substitute  Avas  adopted. 

Mr.  Daniel  of  Duval  offered  the  foUoAving  ordinance  : 

Be  it  ordained  hy  tJie  Peoph  oftJie  State  of  Florida  in  Con- 
tention assembled,  That  all  amendments  to  the  Constitution  of 
the  State  of  F'lorida,  Avhich  may  be  adopted  by  this  Convention 
;jt  its  present  or  any  future  session,  shall  be  referred  back  to  the 
voters  of  the  State  for  their  ratification. 

Which  Avas  read  and  80  copies  ordered  to  be  printed. 

Mr.  Melulosli  of  Calhoun,  according  to  previous  notice,  called 


up  the  report  made  to  the  first  session  of  this  Convention  by  the 
Committee  on  Sea  Coast  tlefeuccs,  January  15tli,  18G1  ; 

Which  was  read  and  concm-red  in. 

The  resohttion  providing  for  a  Committee  "  to  revise  and  di- 
gest the  Constitution  of  the  State,"  and  report  thereon, 

Was  read  and  adopted,  and  Messrs.  Beard,  Gaiy  and  Steph- 
ens were  appointed  said  Conunittee. 

Mr.  Beard  of  Leon  oftcred  an  ordinance  to  provide  a  pei'ma- 
nont  mode  of  altering  or  amending  tlie  Constitution  of  this  State 
in  future ; 

Which  was  read  and  80  coi)ics  ordered  to  be  printed  for  tlie 
use  of  the  Convention. 

An  ordinance  to  repeal  an  act  of  the  General  Assembly  at  its 
last  session,  entitknl  an  act  to  prevent  the  collection  of  debts  in 
certain  cases  from  debtors  in  this  State,  again  came  up  for  con- 
sideration. 

Mr.  Daniel  of  Duval  moved  to  amend  said  ordinance  by  in- 
sertuig  after  the  word  "that,"  in  the  first  line  of  the  printed  bill, 
the  word  "  whereas,"  and  to  strike  out  all  in  the  third  line  after 
the  word  "State"  and  insert  in  lieu  thereof  the  words  "is  mcon- 
sistent  with  the  9th  and  ]  9th  sections  of  the  first  article  of  the 
Constitution  of  this  State,  be  and  the  same  is  hereby  annulled." 

Mr.  Pclot  of  Alachua  moved  to  lay  the  original  and  anuMid- 
ment  on  the  table ; 

Which  motion  was  lost. 

The  amendments  were,  on  motion,  adopted. 

On  niotion  of  jNIr.  AVard,  the  orduiance  as  amended  was 
adopted. 

Mr.  Love  of  Gadsden  offered  the  followhig  resolution: 

Hesolvcd,  That  the  Committee  on  Judiciary  be  instructed  to 
enquire  whether  or  not  the  basis  of  representation  in  the  General 
Assembly  of  this  State  is  unifonn  and  equal,  and,  if  not,  that 
they  report  an  ordinance  to  this  Convention  making  the  said 
basis  of  representation  uniform  and  equal ; 

Which  was  read  aiuT  placed  among  the  orders. 

Mr.  Palmer  moved  that  the  Convention  adjourn  until  12 
o'' clock  to-morrow ; 

Which  Avas  lost. 

Mr.  Henry  of  Gadsden  moved  that  the  C\)nvention  adjourn 
until  1 1  o'clock  to-morrow ; 

Which  was  lost. 

On  motion  of  Mr.  Cooper,  the  C(»n\  tiilioii  adjourned  until  to- 
morrow morning,  10  o'clock. 


10 


FOURTH  DAY. 


FRIDAY,  March  1st,  1861. 

The  Convention  met  pursiumt  to  adjourtment — a  quorum  pro- 
sent. 

On  motion,  the  reading  of  the  journal  of  yesterday's  proceed- 
ings was  dispensed  Avith. 

Mr.  Mclntosli  of  Calhoun  oifered  the  following  resolution : 

Jiesolced,  That  the  Select  Committee  of  six  be  instructed  to 
investigate  and  report  upon  all  matters  appertaining  to  the  pub- 
lic lands  of  this  State; 

Which  Avas  read  and  adopted. 

The  President  announced  to  the  Convention  that  he  had  re- 
ceiA^ed  a  communication  from  the  Surveyor  General  of  the  late 
United  States  for  the  State  of  Florida; 

Wliicli  was  read  and  referred  to  the  Select  Committee  of  six 
on  tlie  Public  Lands. 

Mr.  Mcintosh  of  Calhoun  offered  the  followhig : 

Jiesolved,  That  F.  L.  Dancy,  late  Surveyor  General  in  this 
State,  be  instructed  by  this  Convention  to  retain  possession  of 
all  papers  and  public  documents,  and  other  public  property  ap- 
pertaining to  his  office,  until  he  is  further  directed  by  this  Con- 
vention; 

Which  was  read  and  adopted. 

Mr.  Dawkins  of  Alachua  offered  the  following : 

Hesolved,  That  the  Governor  be  requested  to  communicate  to 
this  Convention  whether  any  monies  have  been  paid  out  by  any 
tlisbursing  officer  of  the  late  Federal  Government  in  this  State 
on  any  account  since  the  adoption  of  ordinance  No.  2,  and,  if  so, 
upon  Avhat  account  and  upon  Avhat  authority. 

The  rules  being  Avaived,  said  resolution  was  adopted. 

Mr.  INIcIntosli  of  Calhoun  stated  that  the  Committee  appointed 
to  select  a  seal  for  the  State  were  not  yet  ready  to  report,  but 
that  two  designs  had  been  placed  in  their  hands  and  the  Com- 
mittee would  like  to  place  them  on  the  table  for  the  inspection 
of  Delegates ; 

Whicli  was  agreed  to. 

IMr.  Parkhill  moved  that  the  minutes  of  yesterday  be  so 
amended  as  for  his  vote  to  appear  in  the  affirmative  upon  passage 
of  the  substitute  for  the  re))eal  of  the  5th  section  of  the  6th  ar- 
ticle of  the  Constitution  of  Florida; 

Which  Avas  agreed  to. 

Mr.  Lamar  moved  that  the  Committee  appointed  at  the  pre- 


11 

vious  session  of  tliis  Convention  to  report  to  tliis  Convention  the 
causes  which  inipeUecl  the  people  of  Florida  to  Avithdraw  from 
the  government  of  the  late   United  States,  be  discharged  from 
the  further  consideration  of  the  subject ; 
Which  was  agreed  to. 

ORDERS  OF  THE  DAY. 

An  orduiance  to  provide  that  all  amendments  to  the  Constitu- 
tion passed  by  this  Convention  be  referred  to  the  people  for 
their  ratification, 

Was  read,  and  on  motion  of  jNIr.  Mcintosh,  was  laid  on  the 
table. 

A  resolution  relating  to  the  Marine  Hospital  at  St.  Marks  was 
read. 

Mr.  Lamar  of  Jeftersou  oftered  the  following  as  a  substitute : 

Resolved.,  That  our  Delegation  to  the  Southern  Congress  be 
and  they  are  liereby  reqiiested  to  bring  the  subject  of  the  main- 
tainance  of  Marine  Hospitals,  Light  Houses,  etc.,  within  the 
State  of  Florida,  to  the  attention  of  said  Congress,  and  urge  an 
immediate  ]>rovision  for  the  same. 

Jiesoloed^  That  the  Secretary  be  required  to  despatch  a  copy 
of  the  foregoing  resolution  to  our  ])elegation. 

Which  was  adopted. 

A  resolution  relating  to  tlie  ]>ay  of  the  members  of  this  Con- 
vention was  read  and  informally  laid  on  the  table  for  the  present. 

An  ordinance  respecting  amendments  to  the  Constitution,  the 
manner,  &c.,  of  calUng  and  electing  members  of  State  Conven- 
tions, was  read. 

On  motion  of  Mr.  Beard  of  Leon,  the  ordinance  was  taken  up 
by  sections. 

The  first  section  was  read. 

Mr.  Dihvorth  of  Jeflerson  moved  to  refer  this  section  to  the 
Select  Committee  to  digest  and  revise  the  Constitution; 

Which  motion  was  lost. 

The  section  was  then  put  u])on  its  passage,  i;pon  which  the 
yeas  and  nays  Avere  called  by  Messrs.  lieard  and  Stephens,  and 
were : 

Yeas — Mr.  President,  Messrs.  Alderman,  Baker  of  Calhouu, 
Baker  of  Jackson,  Barrington,  JJJcard,  Coon,  Cooper,  Daniel, 
Dawkins,  Devall,  Finegan,  Helvenston,  Hendricks,  Henry,  Hun- 
ter, Jones,  Kirksey,  Lamar,  Lamb,  Lea  of  JMadison,  Leigh  of 
Sumter,  Lewis,  Love,  McCaskill,  McGahagin,  Mcintosh,  McNea- 
ley,  Newman,  Nicholson,  Parkhill,  Pelot,  Sever,  Spencer,  Steph- 
ens, Thomas,  Ward  and  Yates — 38. 

Nays — Messrs.  Dihvorth  and  Gary — 2. 

So  the  first  section  was  adopted. 


12 

Tlie  sccoikI  section  wns  tlion  read. 

Sir.  Lamar  of  Jeftersou  moved  to  amend  this  section  by  striking 
out  all  the  words  after  tlic  word  "  House,"  in  the  third  hne  of 
the  printed  bill ; 

Which  was  agreed  to. 

The  second  section  as  amended  Avas  then  adopted. 

The  third  section  was  then  read. 

3Ir.  Mcintosh  of  Calhoun  moved  to  amend  said  ^section  by 
^^triking  out  the  Avords  "Judicial  District,"  in  the  second  line  of 
the  j>rinted  bill,  and  insert  in  lieu  thereof  the  words,  "County 
and  Senatorial  District ;"  also,  in  the  same  line  strike  out  the 
words,  "  six  weeks,"  and  insert  in  lieu  thereof,  the  Avords,  "  at 
least  thirty  days ;" 

Which  Avas  agreed  to. 

Mr.  oMcIntosh  of  Calhoun  moved  to  further  amend  said  section 
by  striking  out  after  the  Avord  "  resiiectively,"  in  the  fifth  line, 
all  the  A\x)rds  up  to  the  Avord  "  the"  in  the  seventh  line,  and  in- 
sert in  lieu  thereof  the  Avord  "and;" 

Which  Avas  adopted. 

The  third  section  as  amended  Avas  put  upon  its  passage  and 
adopted. 

A  resolution  askmg  a  reference  of  the  basis  of  rej^resentation 
to  the  Committee  on  the  Judiciary, 

AV^as  read  and  on  motion  laid  on  the  table  for  the  present. 

jNIr.  Nicholson  of  Escambia  moA'ed  that  the  rule  be  Avaived 
and  that  he  be  alloAved  to  ofl'er  a  resolution ; 

Which  Avas  agreed  to. 

Mr.  Nicholson  of  Escambia  offered  the  following  resolution: 

Ii(-sol/'c(/,  That  this  CouA'ention  do  heartily  and  unanimously 
concur  in  the  nomination  and  election  of  the  Hon.  Jefferson  Da- 
vis President,  and  Hon.  Alex.  H.  Stei^hens  Vice-President  of  the 
Confederate  States. 

AVhich  Avas  read  and  unanimously  adopted. 

^Ir,  Baker  of  Jackson  moved  to  take  from  the  table  the  fol- 
loAving  resolution : 

JitmlvixJ,  That  this  Convention  noAV  take  a  recess  to  be  re-as- 
sembled at  the  call  of  the  President,  or  by  the  Governor  in  the 
event  of  the  inability  of  the  President  from  illness  or  other  cause. 

AVhich  Avas  agi-eed  to,  and  on  motion  passed  by  for  the  present. 

The  folloAving  communication  Avas  received  frona  his  Excel- 
lency the  Governor : 

Executive  Department,  ) 
Tallahassee,  March  1st,  1861.      \ 
Hon.  J.No.  C.  McGeiiee, 

President  of  the  Convention : 

'■^u*: — 111  vcply  to  the  resolution  of  the  Convention  of  this  date. 


13 

requesting  mo  "  to  coimuunicate  to  the  Convention  whether  any 
monejfj.  ha\-e  been  paid  out  by  any  disbursing  officer  of  the  late 
Federal  Govei-nnient  in  this  State,  on  any  account,  since  the 
adoption  of  ordinance  No.  2,  and,  if  so,  upon  what  account  and 
upon  what  authority,"  I  have  the  honor  to  state  that  the  sum  of 
nineteen  lumdred  and  ninety-nine  dollars  have  been  paid  by  A. 
L.  Woodward,  Register  and  Receiver.  Twelve  hundred  and 
thirty-five  dollars  of  this  amoiuit  was  paid  ui)on  drafts  drawn 
upon  him  as  United  States  depositary  by  tlie  LI.  S.  Treasurer. 

Very  respectfully, 

M.  s:  PERRY. 

Which  was  read. 

On  motion  of  Mr.  Mcintosh,  said  conimunication  was  referred 
t  o  a  Select  Conmiittee  of  five. 

The  President  a])]iointed  Messrs.  Dawkiiis,  Love;  Lamar,  lea- 
ker of  Jackson  and  Daniel  said  Committee. 

Mr.  Mcintosh  of  Calhoun  asked  to  be  excused  from  serving  on 
the  Committee  on  Public  Lands; 

Which  was  not  agreed  to. 

The  resolution  relating  to  the  adjournment  of  the  Convention 
was  again  called  u[),  and  adopted. 

So  the  Convention  was  declared  adjourned  accordingly  by  the 
President. 


PEOCEEDINGS  OF  THE  CONVENTION. 


CALLED  SESSION. 


FIRST  DAY. 


THURSDAY,  April  18th,  1861. 

Pursuant  to  a  call  of  the  President,  dated  25th  of  March,  1801, 
Miado  under  the  following  resolution  of  the  Convention,  adopted 
Marcli  1st,  18G1,  viz: 

"  Jiesoh'ed,  That  this  Convention  now  take  a  recess  to  be  re- 
ji,ssembled  at  the  call  of  the  President,  or  by  the  Governor,  in 
the  event  of  the  inability  of  the  President  from  illness  or  otlier 
rause ;" 

The  delegates  assembled  at  the  Capitol,  in  tlie  city  of  Talla- 
hassee, on  this  day. 

Upon  the  call  of  the  roll,  the  following  members  answered  to 
iheir  names: 

Mr.  President,  Messrs.  Alderman,  Allison,  Baker  of  Calhoun, 
Baker  of  Jackson,  Barrington,  Beard,  Chandler,  Collier,  Coon, 
Cooper,  Davis,  Devall,  Finegan,  Folsom,  Gettis,  Glazier,  Hun- 
ter, Irwin,  Kirksey,  Lamb,  Lea  of  Madison,  Leigh  of  Sumter, 
Lewis,  Love,  McCaskill,  McGahagin,  McLean,  McNealey,  Mor- 
rison, Newman,  Owens,  Palmer,  Parkhill,  Pelot,  Sever,  Spencer, 
Solana,  Stephens,  Thomas,  Tift,  Turman,  Ward,  Wright  and 
Yates — 45. 

A  quorum  l)eing  present,  the  Convention  was  opened  with 
prayer  by  the  Kev.  Dr.  Myers. 

Mr.  Turman  of  Hillsborough  presented  the  credentials  of  Jo- 
seph M,  Taylor,  member  elect  from  Hernando  county,  to  fill  the 
vacancy  made  by  the  death  of  B.  W.  Saxon.  Mr.  Taylor  being 
present,  came  forward,  signed  the  roll,  and  took  his  seat. 

The  President  read  the  following  communication  from  tlie 
President  of  the  Confederate  Congress  : 

Convention  op  tuk  Confederate  States  op  America,  ) 
Montgomery,  Alabama,  March  12th,  1861.  ) 

Hon.  J.  C.  McGehee,  Tallahassee,  Fla. 

Sir— T  herewith  transmit  to  you  a  certified   copy  of  the^  Con- 


15 

stitutiow  of  the  Confederate  States  of  America,  as  it  was  finally 
adopted  by  the  inianimoiis  vote  of  the  Convention,  to  be  placed 
before  the  State  Convention  over  which  you  preside,  for  its  ap- 
proval and  ratification. 

It  will  be  seen  that  the  Convention  here  have  conformed  to 
the  general  wish  of  the  people  of  these  States  in  adopting  a  Con- 
stitution tipon  the  general  principles  of  the  Constitution  of  the 
United  States.  The  departures  from  the  the  provisions  6f  that 
instrument  have  been  suggested  by  the  experience  of  the  past, 
and  are  intended  to  guard  against  the  evils  and  dangers  which 
led  to  the  dissolution  of  the  late  Union.  This  Constitution  is 
now  submitted,  Avith  confidence,  to  the  State  Convention  for 
their  action.  Resjiectfully, 

HOAVELL  COBB, 
JPresident  of  Convention  (J.  IS.  A. 

Which  was  read  and  oi'dered  to  be  spi*ead  on  the  journal. 

On  motion  of  Mr.  Pelot  of  Alacliua,  the  Constitution  of  the 
Confederate  States  of  America,  accompanying  the  said  commu- 
nication, was  ordered  to  be  printed  and  made  the  sjiecial  order 
of  the  day  for  to-morrow. 

Mr.  Ward  of  Leon  ])i-eseuted  and  read  the  proceedings  of  a 
public  meeting  of  tlio  citizens  of  Leon  County,  and  thereujjon 
oftered  an  ordinance  to  be  entitled  an  ordinance  to  provide  for 
the  more  speedy  trial  of  slaves  accused  of  Felony  ; 

Which  was  read  and  referred  to  the  Committee  on  tlie  Judi- 
ciary. 

Mr.  Pelot  of  Alachua  moved  that  the  Special  Committee  on 
the  Public  Lands,  appointed  at  the  last  session  of  this  Conven- 
tion, be  discharged  ; 

Which  was  agreed  to.  • 

On  motion  of  Mr.  Stephens  of  Gadsden,  Messrs.  Pelot,  Beard 
and  Daniel,  were  added  to  the  Committee  on  Public  Lands. 

The  following  communication  was  read  by  the  President,  and 
on  motion  of  Mr.  Pelot,  was  ordered  to  be  sjiread  on  the  jour- 
nal : 

Fernandina,  April  15th,  1861. 

Sm: — Jjcfore  tlie  final  adjournment  of  the  Convention,  ovci" 
which  you  preside,  I  think  it  proper  to  inform  yon  that  my  col- 
leagues having  left  Washington  before  we  received  the  Ordi- 
nance which  appointed  us  to  represent  the  State  in  regard  to  the 
j)ublic  property  in  Florida,  claimed  by  the  LTnited  States,  I  did 
not  act  further  than  to  address  to  the  Secretary  of  State  a  letter, 
of  which  the  following  is  a  copy. 

This  course  became  the  more  appropriate  as  I  conceived,  be- 


Ifi 

cause  the  i)reliniiuarv  steps  for  the  formation  of  a  Confederate 
Government  were  then  in  progress. 

Respectfully,  your  ob't  serv't, 

D.  L.  YULEE. 
Hon.  J.  C.  McGeiiee,  Pres't  Convention  Peojile  of  Florida. 

(copy.) 
Washington,  February  5th,  1861. 
.Sji;: — ill  ihu  absence  of  my  associates,  Messrs.  Mallory  and 
Hawkins,  I  content  myself  with  enclosing  to  you  a  copy  of  an 
Ordinance  jjassed  by  a  Convention  representing  the  sovereign 
authority  in  Florida,  having  relation  to  the  public  property  of 
the  United  States  in  that  State,  concerning  which  avc  are  au- 
thorized to  treat. 

I  propose  at  present  only  to  inform  you  by  this  means  of  the 
existence  of  this  Ordinance. 

I  have  the  honor  to  be 

Your  obedient  servant, 

D.  L.  YULEE. 
Hon.  J.  S.  IJlack,  /Secixtorj/  of  tStott. 

Mr.  Finegan,  of  Isassau,  presented  some  papers  relating  to 
action  in  the  Treasury  Department  of  the  late  IJ.  S.  and  asked 
that  tliey  be  referred  to  the  Committee  on  Public  Lands,  M'ith- 
out  being  read,  which  Avas  agreed  to. 

Mr.  Allison,  of  Gadsden,  offered  the  following  resolution  : 

Resolved,  That  the  duties  of  the  committee  appointed  to  re- 
vise and  digest  the  Constitution  be  so  extended  as  to  authorize 
and  re(piire  it  to  report  such  amendments  thereto  as  it  may  deem 
pro]jer  ; 

AVhich  was  read,  and  on  motion,  the  rules  were  Avaived  and 
adopted. 

On  motion  of  JNIr.  IJeard,  of  Leon,  Messrs.  Allison  and  Gettis 
were  added  to  the  conunittee  to  digest  and  compile  the  Consti- 
tution. 

Mr.  Davis,  (jf  Leon,  offered  the  following  resolution  : 

Resolved,  That  the  Conmiittee  on  the  Judiciary  be  histructed 
to  enquire  what  action,  if  any,  is  necessary  on  the  part  of  the 
Convention,  to  give  effect  to  the  act  of  the  Provisional  Congress 
of  the  Confederate  States  creating  a  District  Court  for  the  State 
of  Florida,  and  giving  to  said  Court  jurisdiction  over  the  cases 
lately  pending  before  the  District  Court  for  the  Northern  Dis- 
trict of  Florida  ; 

Which  was  read  and  placed  among  the  orders  of  the  day  for 
to-niorr(i\v. 


17 

Mr,  Parkhill,  of  Leou,  ojSfered  the  following  resolution: 

Be  it  resolved  hy  the  Convention  of  the  State  of  Florida^  That 
we  do  most  heartily  approve  of  the  course  of  Gen.  David  E. 
Twiggs,  Brig-Gen.  of  the  Federal  Army,  of  the  late  United 
States,  in  surrendering  public  property  in  Texas,  and  throwing 
his  influence  in  favor  of  the  cause  of  the  Confederate  States  ; 

Which  was  read  and  placed  among  the  orders  of  the  day  for 
to-morrow. 

Mr.  Davis,  of  Leon,  oftered  the  following  resolution  : 

Jiesoloed,  That  a  Connnittee  be  appointed  to  Avait  on  his 
Excellency  the  Governor,  and  infoi*ra  him  that  this  body  has 
met  and  proceeded  to  business,  md  is  ready  to  receive  any  com- 
munication which  the  Governor  may  be  prepared  to  make  to 
this  Convention. 

Which  was  read  and  adopted,  and  Messrs.  Davis,  Stephens 
.uid  Finegan  were  appointed  the  Committee,  under  said  resolu- 
tion. 

Mr.  Wright  of  Escambia  ofl:cred  the  following  resolution : 

Resolved.,  That  the  members  of  the  Executive,  Legislative  and 
Judicial  Departments  of  the  State,  Heads  of  Departments  and 
Governor  elect  thereof,  be  hereby  tendered  seats  on  the  floor  of 
this  Convention ; 

Which  was  read  and  })laced  among  the  orders. 

On  motion,  tlie  Convention  adjourned  until  to-morrow  10 
o'clock,  A.  M. 


SECOND  DAY. 


FRIDAY,  April  19th,  1861. 

The  Convention  met  pursuant  to  adjournment — a  quorum 
present. 

Prayer  by  liev.  I\Ii-.  Eraser. 

On  motion,  the  reading  of  the  journal  of  yesterday's  proceed- 
ings was  dispensed  with. 

The  following  communications  from  McQueen  Mcintosh, 
Thompson  B.  Lamar  and  J.  Patton  Anderson,  delegates  of  this 
Convention,  Avere  presented  by  the  President,  and  read  and  or- 
dered to  be  spread  upon  the  journal : 

Apalachicola  Akskxai,,  April  5th,  1861. 
Hon.  John  C.  McGehee, 

President  Florida  State  Cofivetition : 

Sir: — Having  accepted  the  appointment  of  District  Judge  oi' 
o 


18 


(he  Confederate  States  of  America,  for  the  Southern  District  of 
Florida,  I  will  not  be  able  to  attend  the  next  meeting  of  the 
Florida  State  Convention. 

For  the  reason  mentioned  above,  I  resi3ectfully  tender  through 
you,  to  the  body  over  which  you  preside,  my  resignation  as  del- 
eo^ate  from  the  counties  of  Franklin  and  Calhoun. 
T  have  the  honor  to  be,  sir, 

Very  respect'y,  your  ob't  serv't, 

McQueen  mcIntosh. 


Apalachicola  Aksexal,  April  5th,  1861. 
I  Ton.  John  C.  McGehee, 

President  Florida  State  Convention  : 
Sii: : — Expectmg  for  some  time  to  be  engaged  in  the  service 
of  the  Confederate  States  of  America,  in  a  military  capacity,  we 
respectfully  tender  through  you,  to  the  body  over  which  you 
preside,  our  resignations  of  the  seats  which  we  occupy  therein 
as  delegates  from  the  county  of  Jefferson. 
We  have  the  honor  to  be,  sir. 

Very  respect'y,  your  ob't  serv'ts, 

THOMPSON  B.  LAMAR, 
J.  PATTON  ANDERSON. 


A  Communication  from  the  Committee  of  the  Faculty  of  the 
I  Iniversity  of  Virginia  was  read  by  the  President ; 

Which  Avas  received,  and  on  motion,  referred  to  the  Commit- 
tee on  Schools  and  Colleges. 

On  motion  of  Mr.  Beard  of  Leon,  Messsrs.  Pelot  and  Baker 
of  Calhoun,  were  added  to  the  Committee  on  the  Digesting  and 
<'-ompiling  the  Constitution. 

Mr.  Cooper  of  Nassau  moved  that  a  Messenger  pro  tem.  be 
appointed  to  this  Convention  during  the  absence  of  the  regularly 
elected  officer ; 

Which  Avas  adopted,  and  Mr.  George  Saunders  was  appointed 
messenger  pro  tem. 

A  communication  from  Judge  Finley  Avas  read,  received  and 
<m  motion,  referred  to  the  Committee  on  the  Judiciary. 

Mr.  McCaskill  of  Walton  offered  the  foUoAving  preamble  and 
ordinance : 

Whereas,  The  late  General  Assembly  of  this  State  passed 
an  act  changing  the  time  of  holding  the  Circuit  Court,  to  sit  for 
the  county  of  Walton  on  the  first  Monday  in  March,  instead  of 
the  first  Monday  of  Api'il,  as  formerly,  and  notice  of  said  act 
having  failed  to  reach  that  county  for  the  officers  of  the  Court 


19 

to  inform  themselves  ot"  its  true  import,  und  ;i  current  rei)OJ-t. 
being  in  circulation  tiiattlics;iid:ict  rixed  the  time  for  the  sitting 
of  said  conrt  on  Tuesday  after  tlie  second  Monday  in  jMarcii, 
writs  were  accordingly  issued  and  served  by  the  proper  officers, 
and  the  Judge  of  said  Circuit  proceeded  to  hold  said  Court  on 
said  day  in  the  aforesaid  county  : 

Be  it  therefore  resolved  h/  tlie  people  of  tlie  /State  of  Florldii 
hi  Convention  assembled.  That  the  acts  and  doings  of  the 
Circuit  Court  began  and  held  for  the  county  of  Walton,  at 
ITchee  Anna,  on  Tuesday,  the  12th  day  of  March,  in  the  year 
one  thousand  eight  hundred  and  sixty-one,  be  and  the  same  are 
liereby  declared  to  be  as  ^■alid  as  if  said  Conrt  had  sat  on  the 
day  fixed  by  the  aforesaid  act ; 

Which  was  referred  to  the  Conunittee  on  the  Judiciary. 

Mr.  Davis  of  Leon,  offered  the  following  resolution,  which 
was  adopted  : 

Resolved,  That  the  Secretary  a)>ply  to  the  Secretary  of  State 
for  copies  of  the  acts  passed  by  the  last  General  Assembly  for  the 
use  of  the  Convention. 

]\rr.  Davis  of  Leon  from  the  Jitdii'iary  Committee,  made  the 
following  report : 

The  Connnittee  on  the  Judiciary,  to  whoni  was  referred  the 
"Ordinance  to  amend  the  Cimstitution  of  the  State  of  Florida," 
w^hich  proposes  to  provide  for  a  special  Court  for  the  trial  of  ol- 
fences  committed  by  slaves,  free  negroes  and  mulattoes,  report 
herewith  a  substitute  for  the  Ordinance  referred  to  the  Commits 
tee,  which  substitute  the  Committee  recommend  be  made  an  ad- 
ditional section  to  the  5th  Article  of  the  Constitution,  should  the 
Convention  determine  that  slaves,  free  negroes  and  mulattoe^ 
shall  be  tried  in  a  different  manner  and  before  a  different  tribu- 
nal than  is  by  the  Constitution  provided,  for  the  ti'ial  of  free 
white  persons  accused  of  crimes  and  misdemeanors. 

If  the  Convention  should  decide  that  such  special  tribunal 
should  be  created  as  is  })rovided  for  in  the  section  requested  by 
the  Committee  to  form  jiart  of  the  fifth  Article  of  the  Constitu- 
tion, it  is  the  opinion  of  the  Conimittee  that  the  section  reported 
will  enable  the  Court  provided  to  exist  to  })roceed  at  once  to 
dispose  of  all  existing  causes  without  legislative  action. 
All  of  which  is  respectfully  submitted, 

W.  G.  M.  DAVIS. 

Which  was  read  and  received,  and,  on  motion  of  Mr.  Ward 
of  Leon,  the  Convention  went  into  conunittee  of  the  whole  on 
said  report. 

Some  time  being  spent  therein,  the  committee  rose  and  reported 
the  substitute  by  the  committee  with  amendments  ; 

Which  re})ort  was  on  motion  received. 

Mr.  Newman  of  Suwannee  juoved  to  strike  out  of  said  report 


20 

the  words,  '•  said  court  shall  assess  the  value  of  all  slaves  sen- 
tenced }yy  it  to  capital  punishment,  one  half  of  which  value  shall 
be  paid  by  the  State  to  the  owner  or  owners  of  such  slaves ;" 

Which  motion  was  lost. 

On  motion  of  Mr.  Ward  of  Leon,  the  ordinance  as  amended 
was  put  upon  its  passage  and  adopted. 

ORDERS  OF  THE  DAY. 

'  The  Constitution  of  the  Confederate  States  of  America  being 
tlie  special  order  for  to-day,  was  passed  by  for  the  present. 

A  resolution  instructing  the  Judiciary  Committee  to  report  what 
action,  if  any,  is  necessary  on  the  part  of  the  Convention,  to  give 
effect  to  the  act  of  the  Provisional  Congress  of  the  Confederate 
States  concerning  the  District  Court  for  the  Northern  District 
of  Florida, 

Was  read  and  adopted. 

A  resolution  approving  of  the  action  of  Bi'igadier  General 
David  E.  Twiggs,  in  Texas, 

Was  read. 

Mr,  Beard  of  Leon  moved  to  amend  said  resolution,  by  striking 
out  all  after  and  including  the  word  "  sui-rendering"  and  insert 
fa  lieu  thereof  the  words  "  resigning  his  commission  in  said  army 
and  in  giving  his  adhesion  to  the  Confederate  States ;" 

Which  amendment  was  received,  and  the  resolution  as  amen- 
ded adopted. 

A  resolution  tendering  seats  on  the  floor  of  the  Convention  to 
certain  officials. 

Was  read  and  rejected, 

Mr.  Davis  of  Leon  asked  leave  to  have  referred  to  the  Com- 
mittee on  Finance  cert^  papers ; 

Which  was  granted. 

On  motion,  the  Convention  took  a  recess  imtil  4  o'clock,  P.  M. 


4  O'CLOCK,  P,  M, 

The  Convention  resumed  its  session. 

Mr.  Love  of  Gadsden  called  up  a  resolution  introduced  at  the 
last  session,  relating  to  a  uniform  and  equal  system  of  represen- 
tation, and  ntoved  its  reference  to  the  Judiciary  Committee  ; 

Which  motion  was  not  agreed  to. 

The  following  coromuaication  was  received  from  the  Secretar>' 
of  State: 


21 

OFFICE  OF  THE  SECY.  OF  STATE,  { 

Tallahassee,  April  19,  1861.      \ 
W.  S.  Harris, 

Secretary  of  the  Convention : 

Sir — In  reply  to  the  resolution  transmitted  l>y  you,  I  would 

respectfully  iufornx  you  that  the  printer  has  not  yet  prepared  the 

Acts   of  the   last   General   Assembly   for   distribution.     I  will 

endeavor  to  have  copies  for  the  Convention  as  soon  as  possible. 

Very  respectfully, 

F!  L.  VILLEPIGITE, 

Sec-'y  of  State. 
Which  was  read. 

3Ir.  Beard  of  Leon  offered  the  following  resolution  : 
liesolced,  That  considering  the  embarrassments  that  surround 
Gov.  Ellis,  of  North  Carolina,  at  this  "  time  that  tries  the  souls 
of  men,"  the  State  of  Florida  is  constrained  to  express  admira- 
tion for  the  decision  and  intre])i(lity  of  Gov.  Ellis,  evinced  bj'  his 
indignant  reply  to  the  retjuisition  made  by  the  Black  Republican 
President,  and  his  i)rom})t  occupation  of  the  Foi'ts  and  Arsenal 
within  a  State  that  had  not  withdrawn  formally  from  the  late 
Federal  Union. 

The  rules  were  waived  and  the  resolution  unanimously  adop- 
ted. 

Mr.  Tuvman  of  Hillsborough  offered  the  following  resols- 
tions : 

Whereas,  The  Confederate  States  of  America  are  now  engaged 
in  a  War  with  the  late  United  States  Goverumvnt,  in  defence 
of  the  right  of  Secession :  And  whereai^.  The  State  of  Florida 
lias  assumed  that  right,  and,  in  consequence  of  that  assump- 
tion, h;is  become  a  member  of  the  Confederate  State;  there- 
fore— 

Be  It  resolved  hi/  tins-  ddef/ates  of  the  People  of  Florida  in 
Convention  assembled,  That  while  it  is  the  imperative  duty  of 
all  loyal  citizens  of  the  State  of  Florida  to  res})ond,  promptly  and 
liberally,  to  any  call  of  the  Confederate  States'  Govermnent,  hav- 
ing in  view  the  defence  of  the  rights  vindicated  by  the  Ordinance 
of  Secession,  and  the  nunntenance  of  the  form  of  Govennnent 
inaugurated  by  the  permanent  Constitution  of  the  Southern 
Confederacy,  whether  such  response  requires  jjcrsonal  ser\ice  or 
pecuniai-y  sacrifice,  we  recognize  the  peculiar  responsibility  at- 
taching to  each  member  of  this  Convention,  and  are  Avilling  to 
place  beyond  eavil  our  sincere  attsichmetU  to  the  cause  of  the 
slave-holding  States  of  the  late  I".  S.  (Joveniment,  by  a  sacrifice 
of  time  and  comfort. 

JJe  It  further  resoli'ed,  That  in  consideration  of  the  fact  that 
a  conflict  of  arms  is  daily  expected  at  Fort  I'ickens,  between  the 
Army  of  the  Govermnent  of  our  choice,   Miid  the  .Army  of  the 


23 

Govermneiit  wliicJi  is  striving  to  usui'i)  our  rights  and  reduce  uk 
to  the  condition  of  slavery,  we,  the  undersigned  Delegates  to 
and  officers  of  the  Convention  of  the  State  of  Florida,  do  hereby 
pledge  ourselves  to  be  governed  by  the  rules  and  regulations 
of  the  Confederate  States  Army,  from  the  date  hereof  until 
Fort  Pickens  is  surrendered  by  the  minions  of  abolitionism, 
(provided  such  a  result  is  achieved  without  a  siege)  or  for 
the  term  of  two  weekss  ervice  in  the  vicinity  of  said  Fort, 
(should  the  battle  not  be  ^ught  at  an  earlier  date,)  after  the 
company  is  reported  ready  for  duty  to  the  commander  of  the 
Confederate  States  forces  at  that  point.  Provided,  Pi'esident 
Davis  does  accept  the  services  of  said  company  for  the  time 
and  })urpose  hereinbefore  specified. 

J3e  it  further  resolved,  That  the  company  officers  shall  be 
elected  by  ballot  from  among  delegates  signing  this  roll.  A 
majority  to  elect. 

Be  it  further  resolved,  That  each  member  of  this  Company  do 
subsist  himself  during  the  term  of  service  herein  specitied,  and 
provide  transportation,  etc.,  at  his  individual  cost,  and  that  all 
services  of  whatever  character,  contemplated  by  these  resolutions, 
be  performed  cheerfully,  under  a  full  sense  of  our  resj)onsibility 
as  humble  intruments  of  the  people,  and  as  contributors  to  the 
extent  of  our  ability  to  the  great  secession  movement,  'zealously 
and  gratuitously,  with  a  single  purpose,  and  that  purpose,  the 
advancement  of  the  cause  of  the  South. 

Be  it  further  resolved,  That  as  soon  as  twenty-five  Delegates 
and  officers  as  aforesaid,  be  enrolled,  his  Excellency  the  Gover- 
nor be  notified  of  the  fact,  and  requested  to  furnish  such  equip- 
ments as  may  be  at  his  control. 

JSe  it  further  resolved,  That  the  services  of  the  company  be 
tendered  to  Pi-esident  Davis  under  the  above  conditions  by  the 
President  of  this  Convention,  as  soon  as  twenty-five  names  arc 
enrolled,  that  number  being  the  minirmon  with  which  it  is 
deemed  proper  to  organize. 

lie  it  further  resolved,  That  should  the  anticipated  battle  be 
yet  held  in  abeyance,  at  the  expiration  of  the  term  hereinbefore 
specified,  it  shall  be  optional  with  the  company  to  continue 
longer  in  service  or  disband,  subject  to  a  decision  of  the  majority. 

Which  were  read  and  placed  among  the  orders  of  the  day, 

Mr.  Spencer  of  Franklin  offered  an  ordinance  for  the  defence 
of  the  port  of  Apalachicola  ; 

Which  was  referred  to  the  Committee  on  Military  Affiiirs  : 

On  motion  of  Mr.  Gettis  of  Hillsborough,  Mr.  Taylor  of  Her- 
nando county  was  added  to  the  Military  Committee. 

On  motion  the  Convention  adjourned  until  to-morrow,  10 
o'clock,  A.  M. 


23 
THIRD  DAY. 

SATURDAY Y,  April  20t]i,  1861. 

The  Convention  met  pursuant  to  ndjouniment— :.  nuoruui 
present.  '  ' 

Prayer  by  Rev.  Mr.  ClisLv,  of  Tllonlas^ille,  Georo-ia 

The.iournaI  of  yostenlay V  proeeedings  was  read  and  approved. 

Mr.  Dihvorth  ot  Jefterson  offered  an  ordinance  to  arnend  the 

Constitution  m  the  election  of  Judges  of  the  Supreme  and  Cir- 

?"^^  ^?!"'*^  5  niso  in  relation  to  the  election  df  Clerks  and  Sher- 

itts  ot  Courts ; 

Which  was  read  and  referred  to  the  Committee  on  the  Consti- 
tution. 

Mr.  Dihvorth  of  Jefferson  offered  an  ordinance  to  amend  the 
Constitution  of  the  State  so  as  to  elect  a  Governor  for  six  year« 
not  to  be  eligible  for  the  next  ensuing  term  of  said  office  • 

Which  was  read  and  referred  to  the  Committee  on  the  Con- 
stitution. 

Mr  Sanderson  of  Dua  nl  offered  an  ordinance  relati\-e  to  a 
board  of  Education; 

Which  was  read  and  ordered  to  be  j.rinted,  and  referred  to 
the  Committee  on  Schools  and  Colleges. 

Mr.  AVright  of  Escambia  offered  an  ordinance  to  amend  the 
Constitution  of  the  State  respecting  the  election  of  Justices  of  the 
JMipi-enie,  Chancellors,  and  Judges  of  the  Circuit  Courts ; 

V\  Inch  was  read  and  referred  to  the  Committee  on  the  Con- 
stitution. 

Mr.  Daniel  of  Duval  offered  the  following  resolution  : 
Ixesoloed  That  a  committee  of  five  be  appointed  to  prei)are 
and  report  by  ordinance  or  otherwise,  as  to  what  disi^osition 
shall  be  made  of  all  forts,  arsenals,  dock  yards,  navy  yards,  and 
other  public  buildings  within  this  State,  which  were  the  in-oper- 
ty_of  the  late  United  States.  ^     ^ 

Which  ^vas  read  and  on  motion  adopted,  and  Messrs.  Daniel, 
uawkins,  Ward,  Nicholson  and  Folsom  were  appointed  said 
committee. 

The  following  communication  was  read  from  the  Desk  : 

TELEGKAni  Office,  ) 

Tallahassee,  April  20th,  1861.  j 
W.  S,  Harris,  Esq., 

Secretary  of  Convention : 
Dear  Sir— You  will  much  oblige  by  tendering  to  the  mem- 


24 

hers  of  the  Convention  the    free  privilege  of  public  Telegraph 
•lespatches  during  the  present  session. 

Very  Respectfully, 

F.  HOWE, 
i^resident  Telegraph  Company. 

Which  was  received  and  ordered  to  be  spread  upon  the  jour- 
nal, and  that  the  thanks  of  the  Convention  be  hereby  tendered 
to  Mr,  F.  Howe,  President  of  Telegraph  Company. 

Mr.  Mays  of  Putnam  and  St.  Johns  oifered  the  following  res- 
olution : 

Jiesolvect,  That  a  committee  of  three  be  appointed  who  sliali 
wait  on  his  Excellency  the  Governor,  and  the  Governor  elect, 
and  request  them  f  o  confer  with  the  Convention  in  secret  session 
upon  the  measures  necessary  to  be  adopted  in  relation  to  the 
forts,  arsenals  ^nd  dock  yards,  belonging  to  this  State. 

Which  was  read  and  adopted,  and  Messrs.  Mays,  Stephens 
and  Sanderson  were  appointed  said  committee. 

Mr.  Turman  of  Hillsborough  oifered  an  ordinance  to  amend  the 
Constitution  of  the  State,  and  extend  the  civil  jurisdiction  oi: 
Justices  of  the  Peace. 

The  Committee  appointed  to  wait  on  his  Excellency  the  Gov- 
ernor returned  and  reported  that  his  Excellency  would  meet 
the  Convention  at  half  past  11  o'clock  to-day. 

The  following  communication  was  received  from  his  Excellency 
ihe  Governor  : 

EXECUTIVE  DEPARTMENT, 
Tallahassee,  April  19,  1861. 

To  the  President 

and  members  of  the  Convention : 

Gentlemen — I  have  the  honor  to  inform  you  that  Lieut. 
Horace  Randal,  of  the  corps  of  Engineers,  has  presented  me  his 
credentials  from  tlie  Secretary  of  War  of  the  Confederate  States 
of  America,  instructing  him  "  to  proceed  to  the  Chattahoochee 
Arsenal  and  to  take  possession  of  the  same."  I  have  not  felt 
authorized  to  transfer  to  the  Confederate  States  any  of  the  forts, 
arsenals  or  ])ro])erty  of  any  kind  captured  from  or  claimed  by 
the  late  United  States,  excepting  a  qualified  transfer  of  the  forts, 
&c.,  at  Pensacola. 

In  view  of  the  importance  of  immediate  pre]:)aration  for  the 
purpose  of  dislodging  the  troops  of  the  Federal  Government  at 
Fort  Pickens,  I  transferred,  "  in  so  far  as  I  had  authority  so  to 
do,"  the  forts,  munitions  of  war,  tfcc,  at  Pensacola,  which  were 
ui  possession  of  the  authorities  of  this  State,  to  the  Provisional 
Government  of  the  Confederate  States,  subject  of  course  to  such 
action  as  your  honorable  body  may  in  its  judgment  think  proper 
to  take  in  the  premises. 

Lieut.  Randal  is  in  this  city  awaithig  the  action  of  the  Con- 


25 

vention  as  regards  the  Chattalioochec  Arsenal.  I  was  of  opiu- 
ion  that  the  Arsenal  at  Cliattahoocliee,  from  its  isolated  position 
and  for  other  considerations,  would  be  of  biit  little  value  to  the 
Confederate  States  in  a  military  point  of  view,  and  might  be  re- 
tained by  the  State  Avithout  any  detriment  to  the  Southern  Con- 
federacy, to  be  converted  into  a  State  ]\Iilitary  Institute  and 
Depositary  for  the  Arms  of  the  State. 

It  is  a  very  eligible  site,  healthy  and  remote  from  the  vices  and 
immoralities  usually  to  be  met  with  in  towns  and  villages,  and 
in  view  of  our  improved  Railroad  facilities,  of  easy  access  to  the 
citizens  of  the  greatest  portion  of  the  State,  and  at  a  trifling  cost 
may  be  made  capable  of  accomodating  three  hundred  cadets. 

I  beg  to  say  that  these  suggestions  are  made  in  all  due  defer- 
ence to  the  better  judgment  of  your  honorable  body. 

I  have  the  honoi*  to  transmit  herewith  the  accompanying  res- 
olution and  letter  frouT  the  Confederate  States  relative  to  Forts, 
Dock  Yards,  Reservations,  &c.,  from  the  Hon.  Howell  Cobb, 
President  of  the  Congress. 

Respectfullv, 

'  M.  S.  PERRY. 

Which  was  recclA  ed,  read  and  ordered  to  be  spread  on  the 
journal,  and  that  the  communication  be  referred  to  the  connnittee 
of  five  on  Dock  Yards  and  Navy  Yards. 

Mr.  Sanderson  of  Duval  offered  an  ordinance  relative  to 
proceeds  of  sales  of  public  lands,  etc.,  and  asked  that  it  be 
referred  tothe  committee  of  five  on  Dock  Yards  and  other 
property,  which  A\'as  agreed  to. 

Having  reached  the  orders  of  the  day,  the  consideration  of 
the  Constitution  of  the  Confederate  States,  being  the  first  in 
order,  on  motion,  the  Convention  went  into  secret  session, 
and  after  some  time  therein,  the  doors  were  opened. 

On  motion  of  Mr.  Ward,  Mr.  Barrenton  was  allowed  leave  of 
absence. 

On  motion,  the  Convention  took  a  recess  until  half  jiast  three 
o'clock,  this  P.  I\r. 


U  O'CLOCK,  P.  iM. 

'The  Convention  resumed  its  session. 

The  President  read  to  the  Convention  a  counnunication  from 
the  Seci-etary  of  War  of  the  Confederate  States  of  America, 
transmitted  to  his  Excellency  Gov.  Perry. 

The  Constitution  of  the  Confederate  States  of  America  being 
the  order  of  the  day,  came  uj),  and  on  motion,  the  Convention 
went   into  connnittee  of  the  Avhole,  ]Mr.  Sanderson  in  the  Chair. 


26 

Some  time  hc'm^j;  spent  therein,  the  Committee  rose,  and 
throufjh  their  Cliairman,  reported  the  Constitution  of  the  Con- 
federate States  back  to  the  House  without  amendment  and 
recommended  its  ratification  ; 

Which  report  was  received  and  concurred  in. 

Mr.  Dawkins  of  Alachua  offered  the  following  ordinance: 

He  it  ordained  by  the  People  of  the  State  of  Florida  in  Con- 
vention assembled^  That  the  Constitution  of  the  Confederate 
States  of  America,  adopted  at  Montgomery,  Ala.,  11th  of  March, 
A.  D.  1861,  be  and  the  same  is  hereby  ratified  and  confirmed; 

Which  was  read  and  made  the  order  for  one  o'clock  Monday 
next. 

Mr.  Finegan  of  Nassau  offered  the  following  ordinance  : 

J3e  it  ordained  by  the  People  of  the  State  of  Florida  in  Con- 
vention assembled^  That  until  the  Confederate  States  make  pro- 
vision for  the  militai'y  defence  of  the  ports  of  Apalachicola,  St. 
Marks,  Cedar  Keys,  St.  Augustine,  the  mouth  of  the  St.  Johns 
river  and  Fernandina,  the  Governor  of  this  State  be,  and  he  is 
hereby  authorized  to  use  such  means  as  in  his  judgment  may  be 
necessary  for  the  proper  defence  of  the  points  indicated. 

Which  was  read  and  placed  among  the  orders. 

On  motion,  the  Convention  adjourned  until  10  o'clock,  Mon- 
day, A.  M. 


FOURTH  DAY. 


MONDAY,  April  22nd,  1861. 

The  Convention  met  pursuant  to  adjournment — a  quorum 
present. 

Prayer  by  Rev.  Mr.  Harwell. 

On  motion,  the  reading  of  the  minutes  of  Saturday  was  dis- 
pensed with. 

A  communication  was  received  and  read  from  A.  L.  Wood- 
ward, late  receiver  of  the  United  States,  at  Tallahassee,  which 
was,  on  motion,  referred  to  the  Committee  on  Public  Lands.     • 

Mr.  Davis  of  Leon  offered  an  ordinance  to  amend  the  first 
•section  of  the  sixth  article  of  the  Constitution,  which  Avas  read 
and  referred  to  the  Committee  on  the  Constitution. 

Mr.   Davis   of  Leon  offered  an  ordinance  to  amend  the 
section  of        article  of  the  Constitution,  Avhich  was  read  and 
referred  to  the  Committee  on  the  Constitution. 


Mr.  Davis  of  Leon  offered  the  folloA\ing  ordinance,  Avliicli  wa> 
read  and  placed  among  the  orders  for  to-niorro'w : 

Be  it  ordained  hy  the  People  of  the  State  of  1-^lorlda  in  Con- 
vention assembled^  That  the  two  first  paragraphs  of  the  Ordinance 
Biimbered  two,  in  the  printed  and  pubHshod  copy  of  Ordinances, 
which  Avas  adopted  by  the  Convention  on  the  lotli  day  of  Janu- 
ary, 18G1,  be  repealed;  and  that  the  last  paragraph  of  said  Ordi- 
nance be  limited  in  its  ajiplication  to  such  money  or  property  as 
was  received  by  the  otKcers  of  the  late  United  Slates  in  this  State 
up  to  the         day  of  last. 

Be  it  farther  ordained^  That  the  Ordinance  nnnd)ered  thi-ee  of 
the  said  published  Ordinances,  Avhich  was  adopted  in  Convention 
on  the  15th  day  of  January,  ISGI,  be  repealed;  and  that  all  the 
judicial  jjroceedings  and  records  therein  mentioned,  be  trans- 
ferred and  delivered  to  the  District  Court  of  the  Confederate 
States,  for  the  District  of  P^lovida. 

Be  it  farther  ordained.,  That  tlie  Ordinance  numbered  seven, 
continuing  the  ofliccs  of  the  late  United  States,  and  making  them 
offices  in  this  State,  and  jtroviding  to  retain  the  persons  in  office 
who  held  the  same,  which  Ordinance  was  adopted  in  Convention 
on  the  iVth  January,  18G1,  and  the  Ordinance  numbered  eight 
of  said  published  Ordinances,  which  authorizes  the  Governor  to 
receive  into  the  service  of  this  State  officers  in  the  service  of  the 
United  States  who  shall  resign  froni  such  ser\ice,  which  ordi- 
nance Avas  adoi)ted  in  Convention  on  the  17th  of  January,  18G1 ; 
and  the  Ordinance  numbered  nine  of  said  publislied  Ordinances, 
which  ]>rovided  for  the  abolition  of  useless  offices  formerly  exist- 
ing in  this  State  under  the  Federal  Government,  which  said  Or- 
dinance Avas  adoi)ted  in  Convention  on  the  IVth  January,  1861 : 
the  Ordinance  numbered  eleven  of  said  published  Ordinances, 
which  gives  power  to  the  General  Assembly  to  declare  who  are 
citizens  of  this  State,  and  provides  for  the  punishment  of  such  per- 
sons as  shall  hold  office  in  this  State  under  the  United  States, 
which  Ordinance  was  adopted  on  the  I7tli  January,  18G1  ;  the 
Ordinance  numbered  seventeen  creating  an  Admiralty  Court  at 
Key  West,  which  was  adopted  on  the  19th  Jan'y,  1861 ;  the  Ordi- 
nance numbered  eighteen  of  the  published  Ordinances,  providing 
for  the  carriage  of  the  mails  in  this  State  and  for  other  purjio- 
ses,  which  said  Ordinaiu-e  was  adopted  on  the  19th  January, 
1861  ;  the  Ordinance  numbered  nineteen  of  said  published  Ordi- 
nances, which  transfers  to  the  Circuit  Courts  of  this  State  juris- 
diction over  the  subjects  of  jurisdiction  formerly  within  the  control 
of  the  late  District  Courts  of  the  late  United  States,  which  said 
Ordinance  was  adopted  on  the  19th  Jaiuuiry,  1861  ;  the  resolu- 
tion adopted  in  Convention  on  the  18th  January,  1861,  directing 
the  General  Assembly  to  provide  for  the  maintenance  of  the 
Light  Houses,  and  the  resolution  adopted  in  the  Convention  on 


28 

the  17th  Jaiiuavv,  1861,  giving  instructions  to  the  delegates  sent 
to  rei)resent  this  State  in  the  Convention  of  Southern  States  at 
Mont"-oniery,  he  and  the  same  are  severally  annulled  and  re- 
pealed. 

Also  the  folio  whig  ordinance : 

Be  it  ordained  hy  the  People  of  the  /State  of  Florida  in  Con- 
vention assembled,  That  for  the  purpose  of  providing  for  the 
representation  of  this  State  in  the  Congress  of  the  Confederate 
States,  the  State  shall  be,  and  is  hereby  divided  into  two  Con- 
1-ressional  Districts,  which  division  shall  continue  until  the  Gen- 
eral Assembly  otherwise  provides.  In  each  of  said  Districts 
there  shall  be  elected,  by  the  qi\alified  voters  thereof,  one  repre- 
sentative in  said  Congress,  who  shall  have  been  an  inhabitant  of 
the  District  in  which  he  is  elected  at  least  six  months  preceding 
the  day  of  election. 

Be  it  further  ordained.  That  when  any  new  a])portionment  of 
representation  is  made  under  the  provisions  of  the  Constitution 
of  the  Confederate  States,  the  General  Assembly  shall  divide  the 
State  into  as  many  Districts  of  contiguous  territory  as  there  may 
be  representatives  allotted  to  the  State  of  Florida  by  such  appor- 
tionment. 

Be  it  further  ordained,  That  all  that  pai't  of  the  State  lying- 
east  of  the  Suwannee  river,  excluding  the  County  of  Hamilton, 
shall  constitute  the  First  Congressional  District,  and  the  remain- 
ing portion  of  the  State,  not  included  in  the  limits  before  men- 
tioned, sliall  constitute  the  Second  Congressional  District. 

Be  it  further  ordained,  That  an  election  shall  be  held  on  the 
tirst  Monday  in  October  next,  for  two  members  to  represent  the 
State  of  Florida  in  the  Congress  of  the  Confederate  States,  which 
election  shall  be  governed  by  the  laws  which  regulated  elections 
of  members  of  Congess  of  the  late  United  States,  save  as  to  tlie 
qualification  of  voters. 

Be  it  further  ordained.  That  for  the  purpose  of  choosing 
Electors  for  President  and  Vice  President  of  the  Confederate 
States  of  Anierica,  the  State  is  divided  into  two  Electoral  Dis- 
tricts, corresponding  with  the  two  Congressional  Districts  before 
provided  for,  as  follows  :  The  first  Congressional  District  shall 
be  the  first  Electoral  District ;  and  the  second  Congressional 
District  shall  be  the  second  Electoral  District ;  and  one  elector 
from  eacli  of  said  Districts  and  two  from  the  State  at  large,  shall 
be  elected  by  general  ticket  by  the  qualified  voters,  until  the 
(general  Assembly  shall  otherwise  provide. 

Which  Avas  read  and  placed  among  the  orders  of  the  day  for 
to-morrow. 

Also  an  ordinance  relating  to  officers  having  monies  of  the 
TTnited  States,  tfce. ; 


20 

Which  was  read  and  referred  to  tlie  Committee  on  Public 
Lands. 

Also  an  ordinance  empowering  the  General  Assembly  to  make 
Grants  of  Land  to  the  Confederate  States  in  certain  cases ; 

Which  Avas  read  and  referred  to  the  Committee  on  Public 
Lands. 

Also  an  ordinance  to  amend  an  act  as  to  the  Governor's  resi- 
dence at  the  seat  of  Government ; 

Which  was  read  and  referred  to  the  Connnittec  on  the  Con- 
stitution. 

Also  an  ordinance  ceding-  Forts,  Yards,  tfcc,  to  llie  Confeder- 
ate States ; 

Which  was  read  and  referred  to  the  C^omniittee  on  Docks, 
Yards,  tfcc. 

Also  an  ordinance  to  define  and  to  punish  jietty  Treason,  Se- 
dition, ttc  ; 

Which  was  read. 

Mr.  P'inegan  of  Nassau  otiered  the  following  ordinance  : 

IDe  it  onIm)H'd  by  the  People  of  the  State  of  J^^lorida  in  Con- 
vention assembled^  That  the  Governor  of  this  State  be,  and  he  is 
hereby  authorized  to  organize  and  call  into  service  whatever 
number  of  troops  that  in  Ills  judgment  may  be  necessary  for  the 
defence  of  the  State,  and  to  appoint  the  field  officers  and  field 
commissioned  statt'  officers  for  the  same.  The  troops  thus  called 
into  service  to  be  subject  to  the  rules  and  articles  of  war;  and 
to  receive  the  same  pay  and  rations  as  the  officers  and  men  of 
the  Confederate  States  army,  to  be  mustered  into  service  for 
such  time  as  the  exigency  of  the  case  may  requite. 

The  Governor  shall  have  ])ower  to  appoint  and  commission 
Kngineer,  Artillery  and  officers  to  instruct  the  troops  in  military 
tactics,  and  prescribe  their  rank,  whenever  in  his  judgment  the 
interest  of  the  service  require  it.  He  shall  have  power  to  appoint 
one  Adjutant  and  Inspector  General  with  the  rank  of  Colonel ; 
one  Pay-master  General,  one  Quarter-master  General,  and  one 
Surgeon  General,  with  the  rank  of  Lieut.  Colonel.  He  shall  have 
power  to  appoint  four  Aids  with  the  rank  of  Colonel,  and  to  ap- 
point the  field  officers  and  surgeons  required  for  the  troops  called 
into  service  by  the  Confederate  States. 

Which  was  read  and  placed  among  the  orders  of  the  day. 

Mr.  Allison  of  Gadsden,  Chairman  of  the  Committee  on 
Public  Lands,  asked  that  said  Committee  have  leave  to  retire 
for  a  short  time,  which  was  granted. 

Mr.  Gettis  moved  that  Mn  Davis  of  Leon  be  added  to  the 
Committee  on  the  Constitution  ; 

Which  wos  afrreed  to. 


ORDP:iiS  OF  THE  DAY. 

An  ordinance  authorizing  defenses  for  the  ports  on  the  coast 
of  tlie  State,  was  read,  and  upon  motion,  adopted. 

On  motion,  the  Convention  took  a  recess  until  half  past  1 2 
o'clock,  P.  M. 


12i  O'CLOCK. 

The  Convention  resumed  its  session — a  quorvun  present. 
Mr.  Dihvorth  of  Jeflerson  moved  that  the  journal  of  Saturday 
be  so  amended  as  to   show  that  the  Ordinance  to   amend   the 
Constitution  in  the  election  of  Judges  of  the  Supreme  and  Cii*- 
cuit  Courts  was  referred  to  the  Committee  on  the  Judiciary ; 
Which  was  agreed  to.  \ 

Mr.  Thomas  of  Hamilton  made  the  following  report : 
The  Committee  on  Schools  and  Colleges,  to  whom  was  refer- 
red a  coimnunication  from  the  University  of  Virginia,  have  con- 
sidered the  same,  and  in  compliance  with  the  request  therein 
contained,  report  the  following  resolution  and  recoommend  its 
adoption : 

Resolved^  That  the  Secretary  of  this  Convention  be  and  he  is 
liereby  required  to  furnish  a  copy  of  the  journal  and  proceedhigs 
<jf  this  Convention,  and  a  copy  of  the  Acts  of  the  late  General 
Assembly  to  the  University  of  Virginia,  of  Albemarle  county. 
Va.,  for  the  use  of  the  Library  of  that  Institution. 

Which  was  received,  and  on  motion,  the  resolution  put  upon 
its  passage,  and  adopted. 

Mr.  Thomas  of  Hamilton  made  the  folloAving  report: 
The  Connnittee  on  Schools  and  Colleges,  to  whom  was  refer- 
red an  Ordinance  relative  to  a  Board  of  Education,  respectfully 
submit  that  they  have  had  the  same  under  consideration,  and 
find  that  as  the  law  now  stands,  the  Register  of  the  lands  of  the 
State  is  charged  with  the  sole  duty  of  the  sale  of  the  lands  and 
disbursement  of  the  funds  of  the  Seminary  lands.  Your  Com- 
mittee are  of  the  opinion  that  the  duties  of  the  Register  of  Pub- 
lic Lands  are  such  as  to  require  his  time  and  services  in  his  office 
;md  preclude  him  from  devoting  the  time  and  attention  due  to  a 
subject  of  so  much  importance  to  the  interests  of  the  State.  The 
Ordinance  herewith  repoi'ted  bac^  to  the  Convention  provides  a 
lioard  of  Education  for  the  State,  composed  of  the  Justices  of 
the  Supreme  Court.  This  would,  in  the  opinion  of  the  Commit- 
tee, give  character,  permanency  and  efficiency  to  the  system,  and 
secure  a  proper  supervision  of  the  fund  as  well  as  the  qualifica- 


31 

lion  of  the  Teachers  who  ai"e  to  educate  auvl  train  our  youth. 
Without  entering  farther  upon  tliis  subject,  its  importance  will 
necessarily  commend  it  to  the  fxvorable  consideration  of  the  Con- 
vention. Your  Committee  recommend  the  adoption  of  the  Or- 
dinance. Respectfully, 

JOSEPH  THOMAS,  Chairman. 

Which  was  read,  and  the  Ordinance  placed  among  the  orders 
of  the  day. 

The  hour  having  arri\'ed  at  M'hich  the  Constitution  of  the  Con- 
federate States  of  America  was  made  the  special  order,  the  said 
Constitution  was  taken  up  and  read  by  sections ; 

After  which,  i\[r.  Dawkins  of  Alachua  called  up  his  ordinance 
of  ratification  of  the  said  Constitution ; 

Which  being  upon  its  passage,  Mr.  Sanderson  of  Duval  oifered 
the  following  as  a  substitute : 

WiiEKEAS,  By  act  of  the  General  Assembly  of  the  State  of 
Florida,  a  Convention  of  the  peo]>le  Avas  ordained  to  be  assem- 
bled in  the  city  of  Tallahassee,  on  the  Hrd  day  of  January,  A.  D. 
1861,  "for  the  purpose  of  taking  into  consideration  the  dangers 
incident  to  the  position  of  this  State  in  the  Federal  Union,  and 
the  measures  which  may  be  necessary  and  jiroper  for  providing 
against  the  same,  and  to  amend  the  Constitution  of  the  State  of 
Florida,  so  far  as  the  same,  in  the  judgment  of  said  Convention, 
may  be  necessary,  and  thereupon  to  take  care  that  the  common- 
wealth of  Florida  shall  suft'er  no  detriment ;" 

And  Whereas,  We,  the  delegates  of  the  people  of  the  State 
of  Florida,  did,  in  pursuance  of  said,  act  assemble  in  Convention 
on  the  day  and  in  the  place  therein  specified,  and  being  thus 
charged  with  the  duties  aforesaid,  after  mature  deliberation, 
and  in  considerate  performance  thereof,  on  the  10th  day  of 
.lanuary,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty-one,  in  Convention  as  aforesaid,  ordain,  publish  and 
«leclare,  "That  the  State  of  Florida  hereby  withdraws  herself 
from  the  Confederacy  of  States  existing  under  the  name  of  the 
United  States  of  America,  and  from  the  existing  government  of 
said  States ;  and  that  all  political  connection  between  her  and 
the  government  of  said  States  ought  to  be,  and  the  same  is 
hereby  totally  annulled,  and  said  \mion  of  States  dissolved,  and 
the  State  of  Florida  declared  a  sovereign  and  indejiendent  Na- 
tion, and  that  all  ordinances  heretofore  adopted,  in  so  far  as  they 
create  or  recogni/.e  said  Union,  arc  rescinded,  and  all  laws  or 
parts  of  laws  in  force  in  this  State  in  so  far  as  they  recognize  or 
assent  to  said  Union,  be  and  they  are  hereby  repealed  ;" 

AxD  Whereas,  The  people  of  the  State  of  South  Carolina,  in 
(convention  assembled  had  dissolved  their  connection  with  the 
<4overnment  of  the  United  States  of  America,  and  invited  sucli 
other  of  the  slaveholding  States  as  mi2;ht  in  like  maimer  declare 


their  independence,  to  meet  lier  in  Convention  at  Montgomery, 
in  the  State  of  Alabama,  for  the  purpose  of  forming  a  new  gov- 
ernment; 

And  WmcKKAs,  This  Convention  did  appomt  three  delegates 
to  meet,  in  a  Convention  of  States  at  Montgomery  aforesaid,  on 
the  l.'Uli  day  of  Febrnary  last,  or  at  such  other  time  and  place 
as  might  be  agreed  upon,  the  delegates  of  such  other  slave- 
holding  States  as  then  had,  or  should  have,  before  the  final 
adjournment  of  said  Convention,  dissolved  their  connection  with 
the  late  Federal  Union,  for  the  pui'pose,  among  other  things,  of 
forming  a  "  permanent  government"'  for  a  Confederacy  of  such 
States -^ 

AxD  WiiEKEAS,  A  Convention  of  delegates  from  the  follow- 
ing States,  viz:  South  Carolina,  Georgia,  Florida,  Alabama, 
Mississippi,  Louisiana  and  Texas,  met  at  Montgomery  aforesaid, 
nnd  on  the  eleventh  day  of  March,  Annn  Domini,  1861,  agreed 
upon  and  reported  to  the  Conventions  of  the  several  States 
therein  represented  a  Constitution  for  the  Confederate  States 
of  America : 

Now  BE  IT  Known,  That  Ave,  the  delegates  of  the  people  of 
the  State  of  Florida,  in  Convention  assembled,  in  the  name  and 
in  behalf  of  the  people  of  the  State,  having  maturely  deliberated 
and  fully  considered  the  aforesaid  proposed  Constitution,  do,  by 
these  piesents,  assent  to  and  ratify  the  Constitution  adopted  by 
the  Congress  of  States  aforesaid  on  the  11th  day  of  March,  Anno 
Domini,  ISOl,  at  Montgomery,  in  the  State  of  Alabama,  for  the 
Government  of  the  Confederate  States  of  America,  hereby 
announcing  to  all  those  whom  it  may  concern,  that  the  said  Con- 
stitution is  binding  on  the  people  of  the  State  of  Florida, 
according  to  an  authentic  copy  hereto  annexed,  in  the  words 
following,  viz : 

Which  was  accepted. 

Mr.  Beard  of  Leon  oft'ered  the  following  as  an  amendment,  ad- 
ditional to  the  Ordinance : 

After  the  word  "A.merica,"  insert  "  declaring,  nevertheless, 
that  as  the  powers  conferred  through  said  Constitution  on  the 
Confed(;rate  Government  emanate  from  the  people  of  the  several 
States  in  their  sejjarate  sovereign  capacity,  said  powers  may  be 
resumed  in  the  same  manner  in  which  they  are  delegated,  when- 
ever they  shall  be  perverted  to  the  injury  of  the  people,  each 
State,  by  her  delegates  in  Convention,  having  the  right  to  judge 
of  the  occasion  that  may  require  such  action ;" 

Upon  which  the  yeas  and  nays  were  called  for,  and  were : 

Yeas — Mr.  President,  Messrs.  Alderman,  Allison,  Baker  of 
Jackson,  Beard,  Collier,  Coon,  Cooper,  Daniel,  Dilworth,  Finegan. 
Folsom,  Gary,  Gettis,  Glazier,  Helvenston,  Hendricks,  Henry,  Hun- 
ter, Irwin,  Kirksey,  liUmb,  Lea  of  Madison,  Leigh  of  Sumter, 


33 

Lewis,  Love,  McCaskill,  McG;ilia_gin,  3IeLean,  McNealey,  Mays, 
Morrisop,  Newman,  Xicholson,  Palmer,  Pelot,  Rutland,  Sander- 
son, Sever,  Solana,  Stephens,  Taylor,  Thomas,  Tift,  Turman, 
"Ward,  Wright  and  Yates — 40. 

Nays — ^.Messrs,  Baker  of  Calhoun,  Davis,  Dawkins,  Devall, 
Parkliill  and  Si)encer — 6. 

So  the  amendment  was  adoi)ted. 

The  Ordinance  of  ratitioation  then,  as  amended,  was  put  ni)()n 
its  passage,  the  ayes  and  noes  were  called  for  by  Messrs.  Beard 
and  Pelot,  and  Avcre  : 

Yeas — Mr.  President,  ]\ressrs.  .Vlderman,  Allison,  Baker  of  Cal- 
lioun,  ])aker  of  Jackson,  lieard,  Chandler,  Collier,  Coon,  Coo})- 
er,  Daniel,  ])avis,  Dawkins,  Devall,  J)ilworth,  Finegan,  Folsom, 
(4ary,  Cettis,  Glazier,  Ilelvenston,  Hendricks,  Henry,  Hunter,  Ir- 
win, Kirksey,  Land),  Lea  of  ^NEadison,  Leigh  of  Sumter,  Lewis,  Love, 
MeCaskill,  'jNIcGahagin,  McLean,  ^TcNealey,  ^fays,  ]\[orris()n, 
Newman,  Nicholson,  Palmer,  Parkhill,  Pelot,  Kntland,  Sander- 
son, Sever,  Spencer,  Solana,  Ste})hens,  Taylor,  Thomas,  Tift,  Tur- 
man, Ward,  Woodruif,  Wright  and  Yates — 54. 

Nays — None. 

So  the  Ordinance  ratifying  the  Constitution  of  the  Confederate 
States  was  unanhnously  adopted. 

Mr.  laeard  of  Leon  asked  leave,  and  read  tlie  following  com- 
munication : 

Tallahasskk,  April  22d,  1861. 

To  THK  Hox.  THE  St  ATI-:  CoxviiXTioN  : 

I  beg  leave  to  present  to  the  Convention  of  Florida  the  accom- 
panying Flag  of  the  Confederate  States  of  America. 

So  important  an  event  as  the  assumjjtion  of  new  political  rela- 
tions, and  the  unfurling  of  the  banner  of  a  new  Government  nat- 
urally recalls  to  us  the  past  vicissitudes  of^  our  State,  and  the  va- 
rious standards  which  at  one  time  and  another  have  waived  over 
our  soil. 

It  is  noM-  three  hundred  and  forty-nine  years,  almost  to  a  da}-, 
since  tlie  renowned  Ponce  de  Leon  jdanted  upon  our  eastern 
shore  the  Hag  of  S})ain,  and  by  right  of  discovery  and  occupation 
claimed  to  take  i)osscssion  of  Florida  in  the  name  of  his  Catholic 
Majesty.  The  same  empty  ceremony  was  repeated  successivel}' 
by  De  Ayllon  in  1520,  by  Paufih/de  Narvae/.  in  162  V,  and  l)y  the 
mosf  illustrious  Cavalier  of  them  all,  irernando  de  Soto  in  1539, 
each  in  turn  abandoiiing  a  country  Avhich  they  were  imable  to 
retain. 

Twenty-three  years  after  De  Soto,  came  the  Freiu-h  Huguenots 
under  Hibaut,  aiul  erected  at  the  mouth  of  the  St.  Johns  river  a 
monument  bearing  the  arms  of  France,  and  raised  aloft  the  FIcur 


34 

«le  lis,  claiming  lioiuage  for  Charles  the  ninth.  For  a  brief  period 
in  15G4-'5,  the  lilies  of  France  waived  over  Fort  Caroline  until 
tliey  were  hurled  down  amidst  blood  and  slaughter,  by  Menen- 
dez,  Avho  again  raised  the  standard  of  Sj^ain, which  thenceforward, 
witli  varving  fortunes,  continued  the  ensign  of  Spanish  rule,  from 
a  period  long  antedating  Jamestown  and  Plymouth,  up  to  nearly 
the  time  of  the  American  Revolution. 

By  the  Treaty  of  Paris,  Florida  was  transferred  to  Great  Brit- 
ain, "and  the  red  cross  of  England  covered  Florida  from  1763  un- 
til the  year  1783,  the  year  which  closed  the  American  Revolution, 
when  the  banners  of  Spain  were  again  unfurled,  during  a  domi- 
nation of  nearly  forty  years,  until  in  1821  the  Stars  and  Stripes 
of  the  American  Union  proclaimed  the  finale  of  Spanish  sway 
upon  our  shores,  covering  a  ])eriod  first  and  last  of  255  years. 

Twenty-four  years  of  Territorial  vassalage  were  followed  by 
ihe  admission  of  Florida  in  1845,  as  one  of  the  sovereign  States 
( »f  the  .\merrcan  Union.  But  sixteen  years  have  elapsed,  and 
she  has  felt  compelled  to  withdraAV  from  a  comtection  in  Avhich 
she  believed  that  her  rights,  her  interests  and  her  independence, 
were  in  jeopardy,  and  now  for  the  sixth  time  in  350  years,  a  ncAV 
government  has  been  inaugurated  upon  our  soil. 

We  have  now  joined  our  destinies,  by  the  united  voice  of  our 
people,  Avith  the  Confederate  States,  and  the  standard  which  we 
have  unfurled,  will  attach  to  its  suj^port  every  heart  and  hand, 
and  can  never  be  hurled  from  its  place  so  long  as  it  shall  be  iip- 
held  by  that  true  courage,  based  upon  the  sense  of  right,  or  so 
long  as  there  shall  exist  to  us  a  country  to  be  defended,  or  a  name 
to  be  saved  from  dishonor. 

We  have  emulated  the  spirit  of  our  ancestors,  and  have  re- 
solved that  we  Avill  not  submit  to  the  domination  of  those  who 
have  been  elevated  to  power  by  a  predetermined  sectional  hos- 
tility ;  let  us  also  emulate  the  virtues  of  our  forefathers,  and 
make  our  flag  the  symbol  of  national  honor,  virtue  and  patriot- 
ism, and  leave  it  a  glorious  heritage  to  those  Avho  come  after  us, 
assured  that  the  Government  it  represents  will  endure  so  long  as 
the  principles  upon  which  that  Government  has  been  organized 
shall  be  maintained  in  their  purity  and  integrity. 

With  the  hojje  that  its  stars  may  soon  be  doubled,  and  that 
it  may  long  coijtinue  to  Avave  OA^er  a  united  and  virtuous  people, 
I  remain  most  respectfully,  , 

Your  obedient  serA'ant, 

GEO.  R.  FAIRBANKS. 

Whit-h  was,  on  inotion,  received  and  oiflered  to  be  spi'ead  on 
tlie  journal. 

^Ir.  I*arkhill  of  Leon  moved  that  a  Committee  of  three  be  ap- 
pointed to  respond  on  behalf  of  this  Convention  to  the  foregoing 
connnunication :  • 


35 

Whicli  Avas  agreod  to,  and  Messrs.  Parkliill,  Nicliolson  aiul 
Daniel  appointetl  said  Committee. 

Mr.  Beard  of  Leon  moved  that  the  Flag-  presented  to  and  re- 
ceived by  the  Convention  be  phvced  on  the  outer  walls; 

Whicli  was  carried.     (Applause.) 

On  motion,  Messrs.  Ward,  Palmer  atid  Davis,  were  appointed 
a  Connnittee  to  arrange  for  the  hoisting  of  the  flag  on  the 
Capitol. 

Mr.  Devall  i)laced  on  the  table  a  connnunieation  from  General 
IIo])kins,  and  asked  its  reference  to  the  jNIilitary  Committee; 

Which  was  agreed  to,  and  the  reference  made. 

On  motion,  fhe  Convention  adjourned  until  10  o'clock,  to- 
morrow morning. 


FIFTH   DAY. 


TUESDAY,  April  20d,  1801. 

The  Convention  nu'L  ])ursuant  to  adjourment — a  (juoruni  i>re- 
sent. 

Prayer  by  Rev.  :Mr.  Ellis. 

The  journal  of  yesterday's  proceedings  Avas  read,  amended  and 
pproved. 

Mr.  Dawkins  of  Alachua  offered  the  foUowhig  ordinance  : 

Be  it  ordained  by  the  people  of  the  State  of  Florida  in  Cou- 
nentioiiassemhled^  That  all  persons  holding  ofiicc  either,  civil  or 
military,  in  this  State,  or  who  may  hereafter  be  ap}»ointed  or 
I'lected  to  any  otiice,  civil  or  military,  be  retpiired,  before  they 
enter  upon  the  duties  of  their  res})ective  offices,  to  take  the  fol- 
lowing oath  or  affirmation : 

"  I  do  swear  (or  affirm,)  that  I  am  duly  (lualified,  according  to 
the  Constitution  of  this  State,  to  exercise  the  office  to  Avhich  I 
luivc  been  elected  (or  a])pointed,)  and  Avill,  to  the  best  of  my 
abilities,  discharge  the  iluties  thereof  and  ])reserve,  ])rotect  and 
tlefend  the  Constitution  of  this  State  and  of  the  Confederate 
States  of  America;" 

Which  was  read  aud  on  motion,  the  rules  waived,  the  ordi- 
nance ])ut  u]>on  its  ])assage  and  adopted. 

]Mr.  Dawkins  of  Alachua  oftered  the  following  ordinance  t 

Jie  it  ordained  hi/  the  people  of  the  State  of  Florida  in  Con- 
vention assendjled,  That  tlie  exjienses  of  all  criminal  prosecutions 
commenced  and  prosecuted  after  the  1st  of  July  next,  in  any 


36 

judicial  county  in  this  State  he  paid  for  and  settled  by  the  county 
commissioners  of  the  county  in  which  said  criminal  prosecutions 
orji^inated,  out  of  the  fund  belonging  or  to  be  raised  out  of  said 
county  by  county  taxes. 

Jh'  it  further  ordained,  That  all  fines  imposed  by  the  Circuit 
Court  in  any  county  Avitjjin  this  State  be  paid  over  to  the  county 
commissioners  of  the  county  in  which  the  said  prosecution  com- 
menced. 

Be  it  further  ordai?ied,  That  all  laws  or  parts  of  laws  in  con- 
flict Avitli  tliis  ordinance,  be  and  the  same  are  hereby  repealed. 

Which  "was  read  and  placed  among  the  orders  of  the  day. 

Mr.  Uaniel  of  Duval  oftered  the  following  resolution  : 

Jiesoh'ed,  That  Avhile  the  ])eo]ile  of  the  State  of  Florida  heart- 
ily ajjprove  in  the  main  of  the  Constitution  of  the  Confederate 
States  of  Ame'rica,  and  ha^e  giAcn  evidence  of  that  approbation 
by  the  unanimous  vote  of  this  Convention  on  its  ratification,  yet 
there  are  certain  parts  thereof,  wliich,  in  the  opinion  of  this  Con- 
vention, should  at  an  early  day  be  amended.  With  the  view 
therefore  of  givnig  a  jjroper  expression  of  the  sentiments  of  the 
people  of  this  State,  it  is  hereby  suggested  that  the  said  Consti- 
tution would  be  greatly  improved  by  the  following  amendments, 
to-wit : 

That  the  third  clause  of  the  2d  section  of  the  1st  Article  sliould 
be  altered  by  striking  out  after  the  word  "determined"  in  the 
4tli  Ihieto  the  word  "slaves"  inclusive,  and  inserting  the  words 
"by  the  Avhole  number  of  inhabitants  within  the  State." 

That  the  1st  clause  of  the  3d  section  of  Art.  4,  sliould  be  amen- 
ded by  inserting  after  the  word  "States"  in  the  3d  line,  the  words 
"  but  no  State  shall  be  admitted  into  this  Confederacy  unless 
tlie  institution  of  slavery  shall  be  distinctly  and  clearly  recog- 
nized in  its  constitution,  and  in  actual  operation  under  its  laws  ;" 
and  by  striking  out  the  word  "  but"  next  following  in  the  same 
line. 

That  the  7th  clause  of  the  8th  section  of  1st  Article,  shotdd 
be  amended  l)y  striking  out  the  remainder  of  the  clause  after  the 
word  "  routes"  in  the  first  line. 

Which  was  read  and  placed  among  the  orders  of  the  day. 

Mr.  Collier  of  Jackson  offered  an  ordinance  relating  to  taxa- 
tion of  non-residents,  and  for  other  i)urposes  ; 

Which  was  read  and  referred  to  the  Committee  on  the  Judi- 
<;iary. 

IVIr.  Parkhill  of  Leon  ofl:ered  the  following  ordinance: 

Be  it  ordained  hy  the  People  of  the  titate  of  Florida  in  Con- 
vention a^sernhled.  That  the  Governor  of  the  State  of  Florida  be, 
and  he  is  hereby  authorized  to  accept  the  services  of  any  citizens 
of  tbe  State  of  P'iorida  who  are,  at  the  date  of  this  ordinance, 
in  either  the  coast  survev  or  revenue  service  of  the  late  Federal 


37 

Union,  or  who  liave  already  resigned  tlicir  Commissions  in  said 
service,  (provided  said  services  are  tendered  Avithin  sixty  days 
after  notice  of  tlie  passage  of  said  ordinance)  and  sncli  persons 
shall  he  entitled  to  snch  rank  and  pay  as  the  Governor  and 
Council  of  State  may  deem  right  to  accord  to  them;  and  said 
persons  shall,  until  otherwise  provided  hy  the  General  Assembly, 
be  employed  by  the  (Tovernor  in  the  line  ><['  their  ])rofessions  or 
on  any  other  duty,  at  his  discretion. 

Which  was  read  and  ]>laced  among  the  orders  of  the  day. 

3Ir.  Daniel  of  Duval,  Chairman  oi'  the  Conunittee  on  Dock 
Yards,  Navy  Yards,  ttc,  made  the  following  report : 

Tlie  S})ecial  Conunittee  to  whom  Avas  referred  certain  resolu- 
tions and  other  documents  in  relation  to  the  disposition  of  "  all 
forts,  dock  yards,  navy  yards,  and  other  juiblic  l)uilding!S 
within  this  State,"  ask  leave  to  report  the  following  ordhiances  : 

Be  It  ordauK'd  by  the  people  of  the  State  of  Florida  in  Coii- 
mntioi  assei)d>led,  That  the  "  qualified  surrender  of  the  fortns, 
munitions  of  war,  etc.,  at  I'ensacola,"  made  "  to  the  Provisional 
Govennnent  of  the  Confederate  States"  by  tlie  Governor  of  this 
State  be,  and  the  same  is  hereby  ap])roved  and  conlirmcd. 

Be  it  further  ordained^  That  all  forts,  light-houses,  buoys, 
dock  yards,  navy  yards,  arsenals,  l)arracks,  hospitals  and  other 
public  structures  witinn  the  State  of  Florida,  together  Avith  the 
lands  reserved  around  them  severally, be,and  the  same  are  hereby 
ceded  to  the  Confederate  States  of  America,  for  their  occupation, 
use  and  possession  for  the  common  protection  and  benefit  of  .said 
C!onfederate  States,  so  long  as  Florida  shall  be  and  continue  a 
member  of  the  same. 

The  chairman  of  the  same  conunittee  further  rei)orts  : 

That  in  reference  to  certahi  ordinances  on  the  same  subject, 
which  Avere  referred  to  them,  the  subject  matter  of  ordinace  No. 
1  had  already  been  acted  upon,  and  is  embraced  in  this  report 
as  a])pears  by  ordinance  No.  2  above  re])orted. 

In  regard  to  ordinance  No.  2,  the   chairman   is   instructed   by 
tlie  Conunittee  to  re])ort  against  the  ado])tion  of  the  same. 
.Vll  of  which  is  res])ectfullv  snbmitteil, 
•  J.   M.  1)A\IKL,  Chairman. 

Wliii'li  was  read. 

]\Ir.  IJeard  of  l^eon.  Chairman  of  the  Conunittee  on  Finance, 
reported  an  ordinance  to  raise  money  for  the  inunediate  exigen- 
cies of  the  State,  and  for  the  payment  of  the  public  debt  ; 

Which  was  read  and  placed  among  the  orders  of  the  day. 

Mr.  Heard  of  Leon,  Chairman  of  the  Committee  on  Finance, 
reported  l)ack  to  the  Convention  an  ordinance  to  autliorize  the 
Collector  of  the  Port  of  Fernandina  to  take  bonds  from  certain 
Railroad  Companies  for  duties  on  Koilroad  Iron,  &c. ; 

Which  was  read  and  ]>laced  among  the  orders  of  the  da}'. 


38 

Also  an  onliiiaiice  for  the  relief  of  Railroad  Companies  and 
the  Collectors  of  Customs ; 

Wliich  was  read  and  placed  among  the  orders  of  the  day. 

Mr.  Palmer  of  Jefterson  offered  an  ordinance  to  repeal  certain 
acts  of  the  last  General  Assembly,  and  for  otlier  purposes  ; 

Which  was  read  and  placed  among  the  orders  of  the  day. 

Mr.  Heard  of  Leon,  from  the  Committee  to  Revise  and  Digest 
the  Constitution,  reported  several  amendments  to  the  Constitu- 
tion; 

Which  were  read  and  placed  among  the  orders  of  the  day. 

ORDERS  OF  THE  DAY. 

An  ordinance  to  divide  the  State  into  Congressional  Districts, 
was  read  by  sections. 

Mr.  Sanderson  of  Duval  offered  to  amend  the  first  section  of 
said  ordinance  by  inserting  after  the  word  "is"  and  before  the 
word  "  elected,"'the  words  "  to  be ;" 

Which  amendment  was  not  agreed  to. 

Mr.  AVard  of  Leon  offered  the  following  as  a  snbstitute  for  the 
first  section  of  the  ordinance  before  the  Convention,  viz: 

JBe  it  ordained.  That  the  election  of  members  of  Congress 
shall  be  by  general  ticket,  each  voter  throughout  the  State  being 
entitled  to  vote  for  as  many  persons  as  there  are  representatiA'es 
from  the  State  of  Florida ; 

Upon  the  adoption  of  which  the  yeas  and  nays  were  called 
for  by  Messrs.  Ward  and  McCaskill,  and  were : 

Yeas — Messrs.  Alderman,  Baker  of  Jackson,  Chandlier,  Col- 
lier, Coon,  Coojier,  Lea  of  Madson,  Lewis,  McCaskill,  McNealey, 
rilorrison.  Palmer,  Parkhill,  Rutland,  Tift  and  Ward — 16. 

Xays — Mr.  President,  Messrs.  Daniel,  Davis,  Dawkins,  Devall, 
Finegan,  Gary,  Gettis,  Glazier,  Hendricks,  Hunter,  Kirksey, 
Lamb,  Love,  McGahagin,  Mays,  Newman,  Nicholson,  Pelot, 
Sanderson,  Sever,  Spencer,  Solana,  Stephens,  Taylor,  Turman, 
Woodruff  and  Yates — 27. 

So  the  substitute  was  refected. 

The  first  section  of  said  ordinance  was  put  upon  \t9  passage 
and  adopted. 

The  second  section  of  the  ordinance  was  read  and  adopted. 

The  third  section  was  read. 

Mr.  Sanderson  of  Duval  moved  to  strike  out  the  words  "  ui- 
chiding  the  county  of  Hamilton ;" 

Wliich  Avas  agreed  to. 

The  section  as  thus  amended  Avas  then  put  upon  its  i)assage 
and  adopted. 

The  fourth  section  Avas  read. 

Mr.  Sanderson  of  Duval  moved  to  strike  out  of  this  section  the 


39 

words  "  on  the  first  Monday  in  October  next,"  and  insert  in  lieu 
thereof  the  followhig :  "  At  such  time  as  may  he  prescribed  by 
the  Congress  of  tlie  Provisional  Government ;" 

Which  motion  did  not  ]>revail. 

The  section  was  adopted  without  amendment. 

The  fifth  section  was  read  and  ado]>ted. 

On  motion,  the  Connnittce  on  Public  Lands  were  requested, 
if  ])racticable,  to  report  tliis  evening  at  3  o'clock. 

On  motion,  the  Convention  took  a  recess  until  3  o'clock. 


3  O'CLOCK,  P.  U. 

The  Convention  resumed  its  session — a  quorum  present. 

The  following  conununication  from  the  Secretary  of  State  was 
read : 

Office  of  the  Secketary  of  State,  ^ 
Tallaiiasske,  April  22d,  1861.      \ 
W.  S.  Harris,  Esq., 

Sir: — Li  com])liance  with  the  request  of  the  Convention,  com- 
municated by  your  note  of  the  19th,  I  lia^'c  had  collected,  as  tar 
as  published,  the  acts  of  the  last  session  oCthe  General  Assembly. 
The  pamphlet  contains  nearly  all  the  acts ;  only  a  few  resolutions 
of  a  private  character  are  unpublished. 

Very  respectfully, 

F.  L.  VILLEPIGUE, 

Secretary  of  State. 

Mr.  Allison  of  Gadsden,  Chairman  of  the  Committee  on  ]*ub- 
lic  Lands,  stated  that  the  Committee  could  not,  compatible  with 
the  public  interest,  rei)ort  before  to-morrow. 

Mr.  Dilworth  of  Jefterson  oftered  an  ordinance  autliorizing  the 
Judges  of  the  Supreme  Court  to  make  rules,  ttc,  for  jn-actice 
aiul  pleading  in  their  Courts. 

Mr.  Dawkins  of  Alachua  moved  to  reconsider  the  4th  section 
of  an  ordinance  ])assed  this  morning  Districting  the  State  into 
Congressional  Districts ; 

Which  was  agreed  to. 

Mr.  Davis  of  Leon  moved  to  amend  said  section  by  inserting 
after  the  word  "next,"  and  before  the  word  "for,"  the  follow- 
ing, viz :  "  Or  in  case  any  other  day  should  be  provided  by  the 
Congress  of  the  Provisional  Government  for  holding  such  elec- 
tion, then  tliat  the  election  take  i)lace  on  the  day  so  fixed  by 
such  Congress ;" 

Which  was  agreed  to  and  the  section  as  amended  put  upon  its 
passage  and  ad<.»pted. 


40 

An  ordiimiice  relative  to  a  Board  of  Education,  was  read. 

Mr.  D.'iwkins  of  iSilachua  mo\-ed  that  said  ordinance  be  indefi- 
nitely postponed ; 

Upon  Avliicli  motion  the  yeas  and  nays  were  called,  and  were  : 

Yjijis — ^ii-.  ^Messrs.  President,  Baker  of  Calhoun,  Beard, 
Chandler,  Coon,  Davis,  Dawkins,  Devall,  Hendricks,  Irwin, 
Mays,  Nicholson  and  Yates — 13. 

Xays — ^lessrs.  Alderman,  Baker  of  Jackson,  Collier,  Cooper, 
Daniel,  Dilworth,  Finogan,  Gary,  Gettis,  Glazier,  Henry,  Hmi- 
ter,  Kirksey,  Lamb,  Lewis,  Love,  McCaskill,  McGahagiu,  Mc- 
Xealey,  ]\Ioj-rison,  Newman,  Palmer,  Parkhill,  Pelot,  Rutland, 
Sanderson,  Sever,  Spencer,  Solana,  Stephens,  Taylor  and  AVard. 
—32. 

So  the  Convention  refused  to  postpone. 

Mr.  Dilworth  of  Jefterson  oflered  the  following  as  a  sul)stitute 
for  the  fifth  section  of  the  ordinance,  viz : 

Jie  it  farther  ordained,  That  the  said  Board  of  Education 
shall  have  the  right  of  conferring  a  certificate,  under  their  hand 
and  seal,  on  any  person  whom  they  may  judge  worthy  to  be  a 
Teacher  of  Common  Schools,  which  certificate  shall  be  merely  a 
recommendation  as  teacher,  and  may  at  any  time  be  revoked  by 
said  Board. 

Which  was  not  agreed  to. 

^fr.  Devall  of  Putnaih  ofliered  the  following  amendment : 

That  no  Teacher  be  employed  unless  he  has  been  a  citizen  of 
the  Southern  States  for  the  last  five  years  ; 

Which  was  not  agreed  to. 

Mr.  Davis  of  Leon  oftered  the  following  as  a  substitute  for  the 
whole  ordinance  : 

Amend  the  20th  section  of  the  5th  Article  of  the  Constitution 
as  follows  :  after  the  words  "  no  duties  not  judicial,"  insert  as 
follows,  "  except  such  as  concern  Public  Education  ;" 

Which  Avas  agreed  to. 

The  substitute  Avas  then  put  upon  its  passage  and  lost. 

\n  ordinance  authorizing  the  Governor  to  organize  and  call 
into  service  the  militia,  carae  iip,  and  Mr.  Finegan  the  mover 
asked  leaA'c  to  witlidraAV  it ; 

Which  Avas  granted. 

The  amendments  to  the  Constitution  came  up,  and  on  motion, 
the  Convention  Avent  into  Connnittee  of  the  Whole,  Mr.  Sander- 
son of  Duval  in  the  Chair. 

After  some  time  being  s])ent  tlierein,  the  CV)nnnittee  rose  and 
tlu'ough  their  Chairman  reported  the  adoption  of  sundry  aniend- 
nients  to  the  Constitution,  and  recommended  that  they   do  pass. 

On  )notion,  the  report  of  the  Committee  Avas  receiA'ed  and  the 
amendments  recommended,  ado])ted. 

Mr.  Ward  of  Leon  introduced  an  ordinance  to  amend  an  ordi- 


41 

nance  passed  by  tliis  Convention  on  tlie  intli  day  of  Ai)ril,  1861, 
to  create  a  tribunal  for  slaves,  free  Jiegroes  and  ninlattoes. 

On  motion,  the  Convention  adjourned  until  10  o'clock,  to-mor- 
ro-\v. 


SIXTH  DAY. 


WEDNESDAY,  April  ■24ili,  1801. 

The  Convention  met  jiursiiant  to  nd)ourmnent — a  (juorum  i)res- 
ent. 

Prayer  by  Ilev.  Dr.  DuBose. 

On  motion,  the  reading  of  the  journal  of  yesterday's  proceed- 
ings was  dis]>ensed  with. 

3lr.  Dawkins  of  ^Vlachua  offered  the  following  resolution  : 

Jiesohu'd,  That  if  necessary  to  have  furtlier  assistance  in  Ijring- 
ing  up  the  records  of  the  Convention,  the  Secretary  be  autlior- 
iscd  to  employ  the  necessary  assistance  ; 

Which  was  adopted. 

Mr.  Beard  of  Leon,  Chairman  of  the  Conunittee  to  digest  and 
compile  the  Constitution,  reported  the  Constitution  as  by  the 
Conmrittee  compiled ; 

Which  was  received  and  placed  among  the  orders  of  the  day. 

OlJDEliS  OF  T]IK  DAY. 

An  ordinance  to  rejjcal  former  ordinances, 

Was  read,  and  on  motion  adopted. 

An  ordinanee  to  raise  money  for  the  inunediate  exigencies  of 
tlie  Stateand  for  the  ]iaynient  of  the  public  debt, 

Was  read,  and  on  motion  the  Convention  went  into  a  Commit- 
tee of  the  Whole  for  its  consideration — ]Mr.  Oary  of  ^Farion  in 
the  Chair. 

After  some  time  being  spent  therein,  the  Conunittee  rose  and 
through  their  Chairman  re])orted  the  ordinance  back  to  the  Con- 
vention Avith  amendments,  and  reconnnended  that  it  do  ])ass ; 

Which  rej:-ort  was  received  and  80  coi)ies  of  said  ordinance 
ordered  to  be  ])rinte(l. 

A  connmmieation  was  receive«l  from  Iiis  Ivxcellcncy  the  (-lov- 
ernor ; 

•   Which  was  read,  and  ordi'red  to  be  jilaccd  among  the   i)apers 
on  the  Secretary's  desk. 

On  motion,  the  Convention  went  into  secret  session. 


42 

After  some  time  being  spent  tliereiu,  tlie  Convention  resumed 
its  business  >vitli  open  doors. 

Mr.  Ward  of  Leon  moved  that  J.  S.  Coon  of  New  River  coun- 
ty Iiave  leave  of  absence  for  tlie  balance  of  this  session ; 

On  motion,  the  Convention  took  a  recess  until  half-past  three 
o'clock,  P.  M. 


3^  O'CLOCK,  P.  M. 

The  Convention  resumed  its  session,  a  quonmi  present. 
Mr.  Allison  of  Gadsden,  Chairman  of  the  Committee  on  Pub- 
lic Lands,  made  the  following  report : 

The  Committee  on  Public  Lands  ask  leave  to  make  the  follow- 


REPOKT : 

That  they  have  had  the  subject  under  consideration,  and  with  a 
vieAv  of  giving  it  that  investigation  its  importance  demands,  and 
for  the  purpose  of  being  enabled  to  lay  the  whole  matter  before 
the  Convention  in  as  concise  and  reliable  a  manner  as  possible, 
have  communicated  by  letter  and  otherwise  with  the  Surveyor 
General,  and  other  officers  connected  with  this  department,  and 
find,  as  nearly  as  can  be  ascertained,  the  following  to  be  be  the 
true  condition  thereof. 

Exclusive  of  all  the  old  grants,  and  also  of  all  the  donations 
made  by  the  late  U.  S.  government  of  lands  lying  within  the 
limits  of  this  State,  there  remain  of  lauds  formerly  belonging  to 
that  government  unsold  and  uow  subject  to  the  control  and  dis- 
jjosition  of  this  Convention,  should  the  State,  as  your  Committee 
think  it  ought  to  do,  determine  to  retain  and  apjjrojjriate  the  same 
to  its  own  use,  about  eight  millions  live  hundred  thousand  acres. 
That  of  this,  about  eight  millions  of  acres  have  been  surveyed, 
which,  with  the  exce2)tion  of  about  seventy-five  thousand  acres, 
making  up  the  difterent  reservations  made  by  the  late  U.  S.  for 
naval  and  military  i)urposes,  have  heretofore  been  offered  for 
sale. 

That  the  remaining  five  hundred  thousand  acres  are  unsur- 
veyed,  aiul  are  situated  in  difterent  portions  of  the  State,  and 
the  adjacent  islands. 

Your  committee  would  further  report,  that  without  entering 
into  an  argument  upon  the  subject,  they  are  of  opinion  that  the 
control  and  jurisdiction  of  these  lands  shoixld  be  assumed  by  the 
State  of  Florida,  subject,  howevei-,  to  such  rights  as  have  been 
acquired  under  and  by  virtue   of  the   laws  of  the  late   United 


43 

States,  passed  iH-ior  to  tlie  lOtli  January,  1861  :  but  in  consider- 
ation of  the  circumstances  under  Avliich  such  control  alid  juris- 
<liction  are  assumed,  the  Committee  Avould  recommend  that  the 
State  shoukl  express  its  wiUingness  to  account  tlierefor  Avith  the 
said  United  States,  upon  a  final  adjustment  of  the  difficulties  now 
})ending  between  that  government  and  the  Confederate  States. 

Your  Committee  Avould  further  report,  that  in  its  inACstiga- 
tions  it  is  ascertained  that  there  are  claims  due  to  the  Survey- 
or General's  office,  and  the  other  officers  charged  Avith  the  pres- 
ervation of  these  lands,  amoimthig  to  about  five  thousand  dol- 
lars, most  of  Avhich  Avere  OAving  to  the  said  officers  by  the  late 
U.  S.  for  serA'ices  rendered  jirior  to  the  10th  of  January,  1861, 
l)ut  Avhich,  youi-  Connnittee  are  of  opinion,  ought  to  be  assumed 
and  paid  by  tliis  State,  and  held  as  a  claim  against  that  govern- 
ment. 

Believing  it  to  be  the  best  policy  of  the  State  to  dispose  as 
rapidly  as  possible  of  its  public  lands,  your  Committee  Avould 
recommend  that  the  same  be  immediately  brought  into  market, 
and  that  for  the  purpose  of  ensuring  speedy  sales  thereof,  the 
land  offices  at  Tallahassee,  NeAvnansvillc  and  Tampa  be  contin- 
ued ;  but  hiasnuich  as  there  remain  misold  but  a  snudl  quantity 
of  tliese  lands  in  the  St.  Augustine  District,  that  that  office  l)e 
discontiimed. 

That  in  consequence  of  the  incomplete  state  of  the  records, 
maps,  books,  tfec,  pertaining  to  the  Surveyor  Geuerafs  office, 
aiul  ui)on  the  statement  of  tliat  officer  that  the  same  caimot  be 
finished  and  completed  before  the  30th  day  of  Septeml)er  next, 
your  Connnittee  Avould  recommend  that  said  office  be  continued 
up  to  tliat  date,  Avhen  the  same  shoukl  be  abohshed.  It  having 
been  brought  to  the  attention  of  your  Connnittee  that  there  are 
numerous  instances  in  Avhich  titles  to  lands  i)iux'hased  by  individ- 
uals from  tlie  United  States  are  incomplete,  as  Avell  as  that  a 
large  portion  of  land  located  by  the  State  under  diffi?rent  dona- 
tions thereto  have  not  been  confirmed,  portions  of  Avhich  have 
been  sold  to  individuals  by  the  State,  they  would  reconnnend 
that  upon  satisfactory  evidence,  lieing  adduced  on  the  part  of  the 
claimants  mider  the  hiAvs  of  the  United  States  and  of  this  State 
in  relation  thereto,  it  shall  be  the  duty  of  the  Governor  to  issue 
patents  in  the  name  of  the  State  of  Florida  to  said  clahnants  for 
the  sanie. 

Your  Committee  Avould  further  re]jort,  that  in  its  opinion  the 
interest  of  the  State  Avould  be  greatly  promoted  by, -and  there- 
fore recommend  that  the  proceeds  of  the  sales  of  the  public 
lands  be  set  apart  for  the  sole  i)uri)ose  of  meeting,  first,  the 
interest  as  the  same  may  fall  due,  on  such  bonds  as  the  State 
may  deem  i)roper  to  issue  in  the  present  exigency  ;  and  secondly, 
for"  the  ultimate    extinguishment    thereof.      And   should    the 


u 

same  not  thus  lie  exhausted;  the  residue  first  to  he  applied  to- 
ward the  redemption  of  sueli  Treasury  notes  as  may  have  been 
issued  by  the  State  ;  and  tlie  bahmce,  if  any,  paid  into  the  State 
Treasury,  to  be  ai)iilied  towards  tlie  ordinary  expenses  of  tlie 
State  Government. 

Your  Committee  Avould  farther  report,  that  in  the  opinion  of 
your  Committee,  all  the  live-oak  reservations,  and  so  much  of 
the  other  public  lands  as  may  be  adjacent  and  necessary  for  tbe 
erection  of  forts,  dock-yards,  navy-yards,  and  otlier  public  struc- 
tures, be,  upon  conditions,  ceded  bv  this  State  to  the  Confederate 
States. 

And  that  inasmuch  as  there  are  town  sites  on  the  public 
land  in  difterent  parts  of  the  State,  which,  in  consequence 
thereof,  ought  not  to  be  placed  in  point  of  value  on  a  footing 
with  the  other  lands,  j'our  Conunittee  Avould  recommend  that 
jirovision  be  made  by  this  Convention  for  such  disposition 
thereof  as  may  seem  most  conducives  to  the  public  interest. 

In  conclusion,  it  has  been  deemed  proper  by  the  Committee 
to  state  to  the  Convention,  that  upon  a  full  and  thorough  inves- 
tigation of  the  matters  pertaining  to  the  sales  of  the  public 
lauds  in  this  State,  in  which  they  liave  been  greatly  assisted  by 
tlie  politeness  of  the  different  officers  heretofore  connected  there- 
with, they  have  ascertained  that  the  annual  net  proceeds  of  the 
sales  of  these  lands  for  the  last  few  years  have  been  about  forty 
thousand  dollars. 

Then,  if  such  be  the  fact,  when  our  Railroads  were  in  so 
incomplete  condition  as  they  have  been  until  recently,  and 
before  too  it  Avas  ascertained  from  actual  experience  that  the 
lands,  which  may  be  now  oftered  for  sale  by  the  State,  were 
valuable  for  the  production  of  short  as  well  as  long  staple 
<tottons,  may  we  not  now,  that  our  Railroads  are  so  rapidly 
approaching  completion,  connecthig  not  only  the  different  sec- 
tions of  the  State  with  chains  of  iron,  but  are  also  extending 
themselves  into  other  jjortions  of  the  country,  thereby  rendering 
them  tributary  to  our  commerce,  confidently  expect  greatly 
increased  sales  of  tliese  lands,  whereby  the  State  will  not  only 
be  enabled  to  meet  the  interest  as  it  may  fall  due  on  such  liabili- 
ties as  it  may  deem  proper  to  incur,  but-  also  to  insure  adequate 
means  for  the  ultimate  extinguishnrent  thereof? 

All  of  which,  together  with  such  ordinances  as  the  Committee 
have  deemed  ]:)roper  to  present  in  relation  to  the  pulAic  lauds  of 
this  State, \;ire  resjK'ctfulIv  submitted. 

A.  K.  ALLISON,  Chairman. 

Wiiich  was  on  motion,  received,  and  the  accompanyhig  ordi- 
nances ordered  to  be  printed. 

Tlie  Digested  Constitution,  reported  to  the  Convention,  by 
the  Committee  on  the  digesting  and  compiling  the  Constitution, 


45 

was,  ou  motion  of  ]\[i'.  Sanderson  of  Duval,  called  up  and  the 
Convention  Avcnt  into  a  committee  of  the  whole,  for  the  con- 
sideration of  said  Constitution,  Mr.  Stephens  of  Gadsden  in  tlie 
Chair. 

Some  time  beinu'  s])ent  tlierein,  the  Committee  rose,  re- 
ported ]»rogress,  and  asked  leave  to  sit  again  ; 

Which  re})ort  was  on  motion,  received  and  leave  granted. 

Ml".  Parkhill  of  Leon  offered  an  ordinance  for  n\ilitary  pur- 
poses ; 

Which  was  read  and  }ilaced  among  the  orders  of  the  day. 

Ou  motion,  the  Convention  adjourned  until  to-morrow  10 
o'clock,  A.  INI. 


SEV-  TsT-H  DAY. 


THURSDAY,  A].ril  25th,  1861. 

The  Convcntioh  met  ])ursuaut  to  adjournment — a  (juoruni 
present. 

Prayer  by  Kev.  Mv.  Blake. 

On  motion,  the  readhig  of  the  journal  of  yesterday's  ])roceed- 
ings  was  dispensed  with. 

Mr.  Sanderson  of  Duval,  Chairman  of  the  Conunittee  ou  In- 
ternal Improvements,  oifered  the  foUoAving  report : 

The  organization  of  a  Committee  on  Internal  Improvements 
by  the  Convention  would  seem  to  indicate  a  desire  on  the  ]iart 
of  this  body  to  examine  and  consider  that  subject.  Your  Commit- 
tee, therefore,  in  discharge  of  that  duty,  respectfully  submit,  that 
the  im])ortance  of  Internal  Imiirovemeuts  was  duly  ai)i)rcciated 
and  considered  by  the  framers  of  the  State  Constitution.  This 
is  clearly  evidenced  by  the  language  of  the  Constitution  itself. 
Article  11th,  Sec.  2ud,  contains  the  clause  having  reference  to 
this  subject,  and  is  as  follows,  viz:  "  A  liberal  system  of  Internal 
Im})rovements  being  essential  to  the  development  of  the  resour- 
ces of  the  country,  shall  be  encouraged  by  the  Government  of  this 
State ;  and  it  shall  l)e  the  duty  of  the  General  Assembly,  as  soon 
as  ])racticable,  to  ascertain  by  law  i)ro))er  objects  of  improvement 
in  relation  to  roads,  canals  and  navigable  streams,  and  to])rovide 
for  a  suitable  a]iplication  of  such  funds  as  may  be  apj)ropriated 
for  such  im])rovements."  The  ])olicy,  thus  early  inaugurated, 
shows  that  the  prosperity  and  ra[)id  development  of  the  resom*- 
ces  of  the  State  was  well  un<lerstood  to  be  mainly  dejtendent  up- 
on the  extent  and  character  of  her  public   works.     These  mark 


4G 

lier  advance,  no  loss  tlian  they  indicate  the  capacity,  energy  and 
enterprise  of  her  citizens,  (pialities  -whicli  distinguished  them  as 
a  people.  In  this  respect,  tlie  citizens  of  this  State  may  justly 
claim  a  favorable  comparison  Avith  those  of  any  of  the  States  of 
the  late  Federal  Union.  The  truth  of  this  remark  will  be  apparent 
when  we  consider  the  extent  and  magnitude  of  the  system  or- 
•janized  and  the  rapidity  with  which  the  several  enterprises  have 
jn'ogressed. 

It  was  not  till  the  session  of  the  General  Assembly  in  1854-!5, 
that  any  thing  Vas  done  b}"  the  Legislature  calculated  to  give 
cifect  to  the  clause  of  the  Constitution  above  recited.  On  the 
Gth  day  of  Januar}',  1855,  the  General  Assembly  passed  an  act 
to  provide  for  and  encourage  a  liberal  system  of  Internal  Im- 
])rovcment  in  this  State.  By  this  act  the  Internal  Improve- 
ment lands  of  the  State,  together  with  the  Swamp  and  Over- 
rtowed  lands,  with  all  the  proceeds  Avhich  then  had  or  might 
thereafter  accrue  from  the  sale  of  said  lands,  were  set  apart  and 
declared  a  disthict  and  separate  fund,  to  be  called  the  Internal 
Impi-ovement  Fund  of  the  State  of  Florida.  The  basis  of  this 
Fund  has  been  variouslj^  estimated  to  consist  of  from  12  to  16,- 
000,000  of  acres  of  land.  Embracing  some  of  the  most  valuable 
in  the  State,  it  was  deemed  sufficient  to  enable  the  seyeral  Kail- 
road  Companies  to  construct  the  lines  of  roads  which  were  desig- 
nated by  the  act  as  "  proper  improvements  to  be  aided  from  the 
Fund."  The  lands  constituting  this  Fund  belonged  to  the  State 
at  large.  It  Avas  therefore  essential  to  select  such  lines  of  roads  to 
be  aided  by  it  as  should,  from  their  location,  result  in  the  great- 
est good  to  the  greatest  number  of  her  citizens  by  tlieir  construc- 
tion. The  lines  designated,  therefore,  passed  through  the  State 
as  foUoAvs,  \dz :  "  A  line  from  the  St.  Johns  River  at  Jacksonville 
to  the  Avaters  of  Pensacola  Bay,  AAdtli  an  extension  from  suitable 
])ohits  on  said  line  to  St.  Marks  RiA'cr  or  Crooked  River  at  AYhite 
JJluffon  Apalachicola  Bay,  in  Middle  Florida,  and  to  the  Avaters  of 
St.  AndrcAVS  J?ay,  in  West  Florida,  and  a  line  from  Amelia  Island 
on  the  Atlantic  to  the  waters  of  Tampa  Bay,  in  South  Florida, 
Avith  an  extension  to  Cedar  Key,  hi  East  Florida ;  also  a  canal 
from  the  Avaters  of  St.  Johns  River  in  Lake  Harney  to  the  wa- 
ters of  Indian  River." 

These  several  lines  of  Railroads  and  Canal  Avere  designed  by 
the  General  Assembly  to  constitute  a  system,  traversing  the  State 
in  such  manner  as  Avould  best  serve  to  develope  her  resources, 
and  extend  like  facilities  of  transportation  and  travel,  as  far  as 
])racticable,  to  the  inhal)itants  of  the  difierent  sections — thus  ap- 
]>ropriating  a  fund  hi  Avhicli  all  the  citizens  Avere  interested  to 
their  mutual  benefit.  The  fund  thus  created  Avas  by  said  act  ir- 
revocably vested  in  Trustees,  to  secure  the  payment  of  the  inj 
terest  upon  the  bonds  Avhich  the  se\'eral  companies    building 


47 

these  lines  of  Road  were  autliovized  to  issne  under  the  provis- 
ions of  said  act.  These  companies,  in  addition  to  the  aid  thns  af- 
forded, liaving  received  grants  of  alternate  sections  of  lands  hotli 
from  the  State  and  Federal  Governments  entered  vigorously  upon 
their  construction,  commencing  in  the  fall  of  1855  and  Avhiter 
and  spring  of  1856,  respectively.  Some  estimate  at  least  can  be 
made  of  the  enei'gy  which  lias  cliaracterized  the  management  of 
these  enterprises  from  tlie  fact  that  in  five  years  there  "has  been 
constructed,  equipped,  and  put  hi  operation  416  miles,  including 
side  tracks,  of  as  good,  substantially  built  railroad  as  can  bo 
found  in  any  Southern  State,  and  about  50  miles  of  embankment 
ready  for  the  iron.  Of  this,  155  miles  has  been  constructed  by 
the  Florida  llailroad  Company  ;  114  by  the  Pensacola  &  Georgia 
(\uiipany  ;  60  by  the  Florida,  Atlantic  &  Gulf  Central  Com- 
pany ;  47  by  the  Florida  &  Alabama  Company  ;  22  miles  by  the 
'rallahassee  Company,  and  three  and  a  half  miles  by  the  St.  Jolms 
Compnny  ;  with  about  15  miles  of  side  track  distributed  among 
the  several  Companies.  In  addition  to  this,  about  50  miles  are 
graded  for  the  iron.  Fully  two-thirds  of  the  entire  system  has 
been  completed.  This  has  involved  an  expenditure  of  about 
^7,000,000.  In  aid  of  these  enterprises  there  has  been  issued  by 
Companies  which  have  accepted  the  ])rovisioiis  of  the  Internal 
Improvement  Act,  $3,523,800  of  Bonds.  To  secure  the  payment 
of  the  interest  of  these  Bonds  the  people  of  the  State  have 
pledged  millions  of  its  proj^ertj'  in  aid  of  her  system.  Your  Com- 
mittee feel  that  they  but  give  ex))ression  to  the  truth  wlien  they 
assert  that  hi  their  opinion  the  State  has  just  cause  to  be  proud 
of  the  system  she  lias  inaugurated,  and  the  success  which  has 
attended  her  enterprises.  Over  400  miles  of  Railroad,  inferior 
to  none  in  the  country  North  or  South,  has  been  completed  and 
furnished  with  first  class  equipments,  in  the  short  space  of  five 
years,  "When  we  consider  that  this  has  been  done  in  a  State 
sjiarsely  populated,  without  resources  or  credit,  remote  from 
gr^'at  commercial  marts,  where  wealth  and  capital  abound,  we 
assert  without  fear  of  contradiction  that  the  magnitude  and  char- 
acter of  our  improvements  challenge  no  less  favorable  compari- 
•<on  with  those  of  any  of  the  older  States  of  the  late  Federal  Un- 
ion, than  they  distinguish  her  citizens  for  energy  and  enterprise, 
as  evidenced  by  tlie  rapidity  and  success  of  their  construction. 

The  wisdom  of  the  policy  which  designed  and  jmt  our  system 
in  successful  ex£cution,  is  placed  beyond  question  by  the  increas- 
ing prosperity  of  the  State.  Her  resources  are  being  developed, 
])Oi)ulation  and  wealth  are  floAving  in,  and  Florida  is  fast  assum- 
ing her  jtosition  among  her  sister  States.  These  are  the  legiti- 
mate fruits  of  her  liberal  system  of  Internal  Improvements.  To 
(•(jualize  and  extend  the  advantages  arising  to  tlie  sections  of  the 
State  through  which  these  Roads  ])ass,  it  remains  only  to  con- 


48 

tiiiiie  ami  complete  tlie  sy.steui  as  it  was  originall)-  designed  in  all 
its  i»arts,  and  jealonsly  to  guard  and  husband  the  fund.  This  is 
due  in  coninion  justice  to  the  citizens  residing  in  those  portions 
of  the  State  in  which  the  Roads  have  not  yet  been  constructed. 
To  complete  and  preserve  our  system  of  improvements,  and  ren- 
der it  jierfcct  and  independent,  should  be  the  first  care  of  the  cit- 
izens of  the  State.  These  are  essentially  State  enterprises — they 
have  been  fostered  and  aided  with  her  funds,  and  due  care  should 
l)e  used  that  nothing  should  be  done  to  impair  their  efficiency 
or  Jeojiardizc  their  existence  or  success,  or  render  them  or  any 
part  of  them  likely  to  become  a  charge  upon  the  Fund.  Should 
ajiy  ])olicy  calculated  to  produce  such  results  obtain,  the  ability 
of  the  Roads  already  constructed,  to  meet  their  interest 
Avould  be  diminished,  thus  increasing  the  bui'dens  of  the  In- 
ternal Tmpro\ement  Fund,  and  render  it  less  available  and  ef- 
fective in  extending  the  benefits  and  advantages  of  the  system  to 
the  West  and  South.  The  primary  object  of  the  State  has  been 
to  perfect  and  complete  her  Avorks  of  inaprovement  within  her 
own  borders,  independent  of,  and  without  regard  to  those  of  ad- 
joining States.  Such  has  been  the  policy  of  other  States— and  we 
act  but  the  part  of  wisdom  in  securing  for  ourselves  those  pecu- 
liar benefits  and  blessings  which  our  geographical  position,  hold- 
ing the  key  to  the  Gulf  as  we  do,  has  made  exclusively  our  own, 
and  we  should  be  exceedingly  improvid^it  should  we  allow 
Georgia  to  despoil  us  of  these  advantages.  Great  care  and  cau- 
tion shoidd  be  exercised  on  our  part  in  allowing  connections  with 
our  system  to  be  made  with  the  Roads  of  Georgia.  Of  this  she 
has  no  right  to  complain.  We  woidd  only  apply  the  rule  to  her 
Avhioh  she  has  prescribed  for  others. 

"The  rule  to  be  observed  hi  the  political  and  social  relations 
of  one  State  Avith  another  in  this  connection,  was  thus  laid  down 
by  the  State  of  Georgia  in  a  re})ort  of  a  committee  of  her  Leg- 
islature a  few  years  since."  "  There  is  nothing  illiljcral  or  selfish 
in  the  determination  of  Georgia  to  seize  upon  those  gifts  of 
nature  and  a  bounteous  Providence,  which  seem  to  have  b^n 
so  exclusively  her  own,'>and  by  their  proper  and  judicious  use  to 
secure  for  her  own  people  the  greatest  jjossible  advantage.  Such 
determination  is  in  no  wise  incompatible  with  her  ^''olitical  or 
social  relations  to  other  States  or  their  inhabitants."  Florida 
may  well  consult  her  own  interest,  and  adopt  for  her  guidance  a 
])rinciple  thus  prescribed  by  her  more  powerful  and  wealthy 
neighl)or. 

Your  Committee,  therefore,  in  view  of  the  fact  that,  we 
are  chai-ged  with  the  duty  of  "  taking  care  that  the  common- 
wealth of  Florida  shall  suffer  no  detriment,"  and  in  maintenance 
of  the  ])aramount  principle  upon  which  the  system  was  origi- 
nated, viz :  a  system  exclusively  our  own,  recommend  that  no 


40 

couuoctioii.s  of  uui-  ro;i(ls  Avitii  those  of  Georgia  be  alloAved  east 
of  the  Chattaliooeliee,  until  tlie  entire  lines  of  roads  emln-aced 
in  it  be  completed,  and  not  at  that  pohit  excei)t  on  condition 
that  she  furnishes  sufficient  means  to  insure  the  construction  oi" 
the  entire  line  of  road  from  that  point  to  Pensacola.  By  these 
means  shall  wo  be  enabled  to  secure  llie  construction  of  roads 
both  to  Pensacola  and  T;nnpa  15ay,  thus  aftbrding  to  the  citizens 
residing  along  the  line  of  these  roads  the  advantages  Avliich  those 
now  enjoy  Avho  live  in  the  sections  of  the  State  through  -which  the 
system  has  been  completed  by  the  aid  of  funds  in  which  all  have 
a  common  interest.  It  needs  no  argument  to  satisfy  any  reason- 
able mind  that  to  alloAV  these  connections  at  such  points  as  would 
withdraw  or  divert  the  business  of  the  roads  already  con- 
structed, and  would  operate  ])rejudicially  to  the  other  portions 
of  the  system,  and  prove  fvtal  to  our  material  interests.  If  the 
})roposed  connection  through  Hamilton  county  should  become, 
as  is  claimed  for  it  by  its  friends,  the  principal  thoroughfare  for 
travel  and  transjiortation  of  the  products  of  the  middle  region 
of  the  State,  while  it  might  subserve  the  local  interests  of  the 
\'ew',  it  would  prove  disastrous  to  other  and  larger  interests.  It 
would  tranfer  to  the  roads  of  another  State  business  and  earnings 
which,  the  success  of  our  own  enterprises  and  the  prosjjerity  of 
our  own  State  require.  The  policy  the  Committee  advocates  con- 
sults the  interest  of  the  State,  not  a  section — it  uses  the  roa<ls 
completed — enaliles  them  to  pay  their  interest,  and  relieves  the 
fund — it  builds  up  and  elevates  the  State  and  will  not  make  lier 
tributary  to  another — it  will  give  to  the  West  and  the  South 
ihcir  facilities,  their  roads,  develoi)e  their  resources,  and  fill  them 
with  population.  The  Committee  urges  the  withholding  these 
connections  till  the  system  is  completed  in  all  its  })arts.  When 
this  is  done.  South  and  West,  we  can,  from  a  survey  of  the 
whole,  aided  by  experience,  make  such  comiections  with  the 
roads  of  other  States  as  shall  0})erate  beneficially  to  our  system, 
without  prejudice  to  any  portion.  This  will  equalize  the  advan- 
tages intended  to  be  conferred  by  it,  and  insure  its  success,  and 
to  this  end  your  Committee  recommend  the  adoption  of  the 
ordinance  herewith  reported. 

RespectfuUv, 
J.  P.  SANI)P:1IS0N,  chairman. 

Which  was  read  and  the  accomi)anying  ordinan(;e   ordcrctl  to 
be  printed. 

Mr.  Parkhill  of  Leon,  Chairman  of  the  Committee  on  iMilitary 
jVifairs,  offered  the  following  rejiort  : 

The  Standing  Committee  on   IMilitia  and   Internal  Police,  to 
whom   was  referred  the  conununication  of  (tcuM  I>enjamin  Hoj)- 
4 


50 

kins  of  Putnam  county,  in  respect  to  raising  an  independent  coni- 
panv  of  volunteers,  beg  leave  to 

REPORT: 

That  the}-  liave  had  the  same  imder  consideration,  and  "s\-hile 
1 1  ley  conceded  that  he  might  render  the  State  good  service,  they 
disa])i)rove  giving  him  a  command  upon  the  terms  required,  and 
Avould  recommend  that  this  Convention  take  no  further  action 
liiereon,  as  the  ordinance  now  before  the  Convention  styled  "an 
oi-dinaiice  for  military  purposes,"  gives  ample  power  to  his  Ex- 
cellency the  Governor  in  the  premises. 
Respectfully, 

G.  W.  PARKHILL,  Chairman. 
.\lso  the  following : 

Tlie  Committee  beg  further  to  report,  that  they  have  had  uu- 
der  consideration  an  ordinance  styled  "  an  ordinance  for  the  de- 
fence of  the  Port  of  Apalachicola,"  and  they  would  recommend 
that  inasmuch  as  there  has  already  been  an  ordinance  passed 
by  this  Convention  covering  all  the  grounds  proposed,  that  no 
further  action  be  taken  on  the  same. 
Respectfully, 

G.  W.  PARKHILL,  Chairman. 
Which  rei)orts  were  received  and  concurred  in. 

ORDERS  OF  THE  DAY. 

The  consideration  of  tlie  Constitution  being  the  unfinished 
l')usiness  of  yesterday,  was  taken  up,  and  on  motion,  the  Conven-' 
fion  went  into  a  Committee  of  the  Whole  for  its  further  consid- 
eration— Mr.  Stephens  of  Gadsden  in  the  Chair. 

Some  time  being  spent  in  committee  of  the  whole,  the  com- 
mittee rose,  and  through  their  Chairman,  reported  the  Consti- 
tution and  amendments  back  to  the  Convention,  and  asked  to  be 
discharged  from  the  further  oonsideration  of  the  matter  ; 

AVhich  report  was  received  and  concurred  in. 

Mr.  (lettis  of  Hillsborough  moved  that  the  Constitution  as 
.imended  be  printed ; 

Which  motion  was  agreed  to. 

An  ordinance  relative  to  the  Public  Lands  of  this  State,  was 
uii  motion  of  Mr.  Allison  of  Gadsden,  taken  up,  and  on  motion, 
the  Convention  Avent  into  committee  of  the  whole  on  the  eon- 
-j<lerati()n  of  the  same — Mi-.  Gary  of  Marion  in  the  Chair. 

Some  time  ])eing  spent  therein,  the  committee  rose  and  re- 
ported ]»rogress,  and  asked  leave  to  sit  again; 

Which  report  was  received  and  concurred  in. 

On  motion,  the  Convention  took  a  recess  until  ^  o'clock.  P.  M. 


.M 


;i  '.re  J.OCK.  J^  M. 

The  Convention  resumed  its  session — m  (^uonun  present. 

On  motion  of  Mr.  Pnrklnll  of  Leon,  the  ordinance  for  military 
purposes  avms  taken  up  and  i-ead  l)y  sections. 

The  first  seetion  was  read  and  adopted. 

Tlie  second  section  was  read,  and  upon  tlie  passage  of  wliich 
the  yeas  and  nays  were  called  for  hy  Messrs.  l?almer  and  LoAvis, 
•and  were : 

Yeas — ]Mr.  President,  Messrs.  Chandlei-,  Danii'l,  Davis,  Daw- 
kins,  Finogan,  Oarv,  Ilelvenston,  Hunter,  Ivirksey,  Me(4ahagin, 
Parkhill,  Taylor,  Turman,  Woodruti'and  Wright— IG. 

Nays — Messrs.  Alderman,  Allison,  Haker  of  Jackson,  lieard, 
Collier,  Cooper,  Devall,  (Tlazier,  Hendricks,  Irwin,  Lamh,  Lea  of 
Madison,  Lewis,  Love,  McNealey,  ^Vfays,  Morrison,  Newma.i, 
Nicholson,  Palmer,  Pelot,  l?utland,  Sanderson,  Sever,  Solai;a, 
Ward  and  Yates — 27. 

So  the  section  Avas  lost. 

The  third  section  was  read  and  adopted. 

The  fourth  section  Avas  read  and  ailoj)ted. 

The  fifth  section  was  read,  and  on  jnotion,  was  stricken  out. 

The  sixth  section  Avas  read,  and  on  motion,  the  first  clause  Avas 
stricken  out,  and  then  as  amended  adopted. 

The  seventh  section  Avas  read. 

Mr.  Davis  of  Leon  niOAed  to  strike  out  tin-  Avords  ••  thaT,  thi^ 
<TOAernor  shall  appoint'"; 

Which  Avas  agreed  to. 

Mr.  Davis  offered  to  amend  the  section  hy  adding  "  shall  be 
elected  by  the  commissioned  ofticers  of  the  companies ;" 

Which  Avas  agreed  to. 

The  section  as  thus  amended  Avas  adoi)ted. 

Mr.  Allison  of  Gadsden  offered  the  following  as  an  additional 
section  : 

In  case  of  actual  or  threatened  invasion  of  the  State,  the 
Governor  shall  have  authority  to  appoint  the  field  officers  to 
command  the  forces  lulled  out  to  repel  the  same :  but  said 
ap]>ointments  to  cease  Avhenever  such  emergency  shall  be  found 
not  to  exi.st ; 

Pending  Avhich,  on  motion  of  Mr.  Sanderson  of  Duval,  the; 
ordinance  as  amended  Avas  referred  to  the  Military  (.\nnmittec. 

^Ir.  Davis  <»f  Leon  offered  th(>  following  and  .asked  its  TK'fQr- 
<'nce  to  the  Military  Connnittee,  Avhich  Avas  not  agreed  to : 

That  there  he  elected  by  this  Convention  four  C'olonels,  four 
Lieutenant-Colonels  and  four  Majors,  from  Avhom  the  Govornor 
mav  designate  such  innnber  as  he  maA-  deem  necessarA'  to  '^o^h- 


52 

inaud  such  troo]»  us  may  be  called  into  tlio  service  of  the  State, 
under  the  provisions  of  tliis  ordinance. 

On  motion,  tlie  Convention  ^vent  into  the  consideration  of  an 
ordinance  relative  to  the  Public  Lands  of  this  State,  and  on 
motion  went  into  committee  of  the  whole,  Mr.  Gary  of  Marion 
in  the  Chair.  , 

After  some  time  being  spent  therein,  the  Committee  rose,  and 
througli  their  Chairman  reported  progress,  and  asked  leave  to 
sit  again ; 

Wliich  report  Avas  recei\ed  and  leave  granted. 

Mr.  Pelot  mo\'ed  that  the  Convention  now  take  a  recess  until 
8  o'clock  this  evening ; 

Which  motion  was  lost. 

On  motion,  the  (-onvention  adjuurned  until  0  o'clock,  to-mor- 
row morninu". 


EIG-HTH  DAY 


FRIDAY,  April  2Gth,  1861. 

The  Convention  met  pursuant  to  adjourmnent — a  (ju(jrrim  pres- 
ent. 

Prayer  by  Rev.  Dr.  DuIJose. 

On  motion,  the  reading  of  the  joiuuial  of  yesterday's  ])i"oceed- 
ings  Avas  dispensed  with. 

The  folloAving  comyiunication  was  received  and  I'ead  by  the 
President  to  the  Convention,  and  ordered  to  be  spread  on  the 
journal : 

Pknsacoj.a,  April  24th,  1861. 
To  John  C.  McGeuee,  President : 

I  resigned  by  letter  on  the  eleventh.  Let  the  C^mvention  act 
accordinglv.     All  well. 

J.  PATTON  ANDERSON. 

Mr.  Dawkins  of  Alachua  offered  the  folloAving  ordinance  : 

Be  it  ordained,  That  so  much  of  ordinance  No.  22  heretofore 
jsassed  by  this  Conveiition  giving  power  to  the  Governor,  by  and 
with  the  advice  and  consent  of  this  Convention,  to  appoint  dele- 
gates to  represent  this  State  in  the  ProAisional  Government,  be 
and  the  same  is  hereby  rei>ealed  ; 

Which  was  read,  the  rules  waived,  and  tlie  ordinance  adopted. 

Mr.  Pelot  of  Alachua  moved  that  the  Constitution  in  the  hands 
of  the  pruiter  be  recalled  ; 


Whicli  was  agreorl  to. 

Mr.  Pelot  of  Alaclina  m()\i'(l  thai  llie  (Joiivention  go  into  an 
election  of  a  nicmhcM-  to  ConuTess  to  fill  tlu'  vaoaiicy  of  Hon.  .]. 
P.  Andovson,  this  day  at  12  o'clock,  ]Nr. ; 

Whicli  was  a2:vecd  to. 

3rr.  Tuniiaii  of  lIil1shdvoHL!:h  m<)v<'d  tlint  tlic  ('■oiislitufioii  be 
returned  to  the  printer; 

Which  was  a.o;reed  to. 

^fr.  Wright  of  P^scanihia  olfered  tlie  following  ordinance: 

Jie  it  ordahicd  h>/  the  People  of  tht  State  of  Florida  ilk  (Jon- 
rention  nsscmhled^  That  the  ordinance  heretofore  passed  in*  rela- 
lation  to  the  trial  of  slaves,  and  ni:ide  an  additional  section  to' the 
fifth  Article  of  the  C\)nstitntion.  be  and  the  same  is  liereb'yYo- 
]»ealed ;  ' 

Whicli  was  read  and  placed  among  the  orders. 

Mr.  Davis  of  Leon  ollere<.l  the  following  resolution: 

lif'solred.  That  the  Att(n-ney  (General  be  recjuested  to  give  to 
the  ('Onvenfion  his  opinion  whether  the  accomj)anying  ])ro]H)sed 
ordinance  will,  if  ])assed,  interfere  with  the  vested  right  of.  any 
Railroad  Com]>any  incorporated  in  the  State;  also  whether  {jliere 
has  been  :iny  decision  of  th.e  Supreme  Court  made  in  any  ease*  In 
which  the  right  of  the  Pensaeola  and  Georgia  Railroad  (\)m^»arty 
to  construct  their  line  of  road  to  any  point  on  the  boundary'line'. 
of  the  State  of  (^eorgia,  and  if  so,  that  he  state  what  such  dlflji-' 
sion  has  beeii,  and  amuw  to  his  oj)inion  a  co]iy  thereof. 

Whi<'h  Avas  adot])ed. 

Mr.  Turman  ()f  llillsborougii  moved  that  din-ing  the  remaindj_>v 
of  tliis   session,    members   of   the   C'onventioi:   be   restricted   to' 
speeches  often  nnnutes.  ^i 

Mr.   l'):r\  is  of  Leon  olfered    the  following  aniendnient    to  sai<l  • 
motion :  • 

And  that  each  mt'mber  bi-  re(|uircd  to  >pe:ik  ten  minutes; 

Which  was  lost.  ' 

On  the  passage  of  s:iid  motion,  the  yeas  and  nays  were  callcii. 
and  were  :  * 

Yeas — ^lessrs.  Baker  of  C'aihonn,  Haker  of  .Lieksoii.  t'handltlv. 
Collier,  (^ooper,  Davis,  Devall,  (da/,ier.  Ilelveiiston,  Ileixlricks, 
Hunter,  Lamb.  Love,  Aforrison,  l*almer.  Pelot,  Ste])hen>.,  Ter- 
nian,  Wootlrutt'and  Wright — 20. 

Nays — 3Ir.  President,  Alessrs.  Ahlerman.  Allison.  Ik-arci, 
Daniel,  Dawkins,  Finegan,  (4ary,  (-I(!ttis,  Henry,  Kirksey.  Ix-a  of 
Madson,  Lewis,_Mc(iahagin,  .McX«'aley,  ^lays,  Newman,  Xidiol- 
soTi,  KutlaiKb  Sanderson,  Sever,  Spen<-er.  Taylor.  W.ard  and  Vat''s 

So  the  motion  was  lost. 

Mr.  Davis  of  JA'on,  Chairman  of  the  .TndieinwCominittee. 
made  the  following  rep<»rt  : 


54 

The  Committee  on  the  Jiulieiarv,  to  whom  was  relerred  tlie 
followincr  ordinances,  a  iz  : 

All  ordinance  IcgaUzing  the  proceedings  of  the  Circuit  Court 
of  WaUon   fomityr  Avhich   was  lichl  hy  mistake  on  the  wrong 

Ordiiiaiu-e  imposing  double  tax  on  property  ol  non-residents  ; 

Ordinance  giving  poAvcr  to  tlic  Supreme  Court  to  alter  and 
regulate  the  pleading  and  practice  of  the  Circuit  Courts — report 
that  they  deem  such  legislation  by  the  Convention  unadvisable, 
and  recommend  that  the  ordinances  referred  and  herewith  re- 
ported back,  be  not  adopted. 

The  Connnittee  re})ort,  as  to  the  ordinance  relating  to  seditions 
;',nd  rebellion,  and  other  crimes,  that  such  ordinance  is  necessary 
and  recommend  that  it  l)e  adopted. 

^y.  G.  M.  DAVIS,  Chairman. 

Which  was  received. 

ORDEIIS  OF  T}[E  DAY. 

An  ordinance  relative  to  the  Public  Lands  of  this  State,  was 
t-iken  u]»,  and  on  motion,  the  Convention  went  into  committee 
of  the  whole,  ^Ir.  Gary  in  the  Chair. 

Some  time  being  spent  therein,  the  C-ommittee  rose,  reported 
jirogress  and  asked  leave  to  sit  again  ; 

Which  re})ort  was  on  motion  i-ecei^'cd  and  leave  granted. 

The  iionr  for  tlu^  special  order  of  the  (kiy  having  arrived — the 
election  of  a  Delegate  to  Congress, 

Mr.  Davis  of  Leon  moved  a  call  of  the  House,  which  was 
agreed  to,  the  following  members  answering  to  their  names  : 

Mr.  President,  ^Messrs.  Alderman,  Allison,  Baker  of  Calhoun, 
Baker  of  Jackson,  Barrington,  Beard,  Chandler,  Collier,  Goo}>- 
er,  Daniel,  Davis,  Dawkins,  Devall,  Finegan,  Gary,  Glazier,  Ilen- 
di'icks,  Henry,  Hunter,  Kirksey,  Lamb,  Lea  of  Madison,  Lewis, 
Love,  jVEcGahagin,  ^tcNeale}-,  Mays,  Morrison,  Newman,  Nich- 
olson, Palmer,  Pelot,  Rutland,  Sanderson,  Sever,  Spencer,  Ste- 
phens, Turinan,  Woodruif,  Wright  and  Yates. 

Ordered  that  the  absentees  be  sent  for. 

On  motion,  further  })roceedings  under  the  call  Avere  sus- 
pon<led. 

On  motion,  tlH>  Com'ention  proceeded  to  the  election  of  a  mem- 
ber to  the  Provisional  Congress  of  the  Confederate  States  of 
America. 

Messrs.  Baker  of  Calhoun  and  Love  of  Gadsden  Avere  appoin- 
ted tellers. 

On  the  first  ballot  the  vote  was  : 

For  (4.  T.  Ward— 33. 
"    W.  G.  M.  Davis— 1. 


00 

For  Joiix  Bkakd — l'. 
"    A.  K.  Allison — 1. 
"    S.  B.  Stephen's — 7. 
"    J.  Gettls— 1. 

Blank — 1. 

The  President  iinuounced  tliut  there  was  no  election. 

Messrs.  Stepliens,  BeanVs  and  Allison's  names  were  with- 
drawn. 

The  Convention  then  ])roceeded  to  a  second  ballotinu'  which 
Vcsulted  as  follows : 

For  Geo.  T.  Ward—- H. 
"    J.  Fixegax — 1. 
"    S.  M.  G.  Gaeey— 1 . 

Blank— 2. 

The  President  announced  that  Cieo.  T.  AA'ard  luivini;'  received 
a  nL'\]ority  of  the  votes  of  the  whole  Convention,  was  duly  elecr- 
ted  a  member  to  the  Provisional  Gonnress  of  the  Confederate 
States  of  America. 

Mr.  Lewis  of  Wakulla  moved  that  a  committee  ot  three  In- 
appointed  to  wait  on  Geo.  T.  \Vard,  and  inform  him  (^"  lii'^ 
election  ; 

Which  motion  ])revailed  and  .Messrs.  Lewis, Wiiuht  antl  Palm- 
er were  appointed  said  conmiittee. 

An  ordinance  relating  to  Criminal  l*i"osecutions  in  this  State, 

Was  taken  up  and  read. 

Mr.  Nicholson  of  EscanU)ia  oftered  the  following  [)rovis<)as  an 
amendment : 

Provided,  hoicevcr.  That  this  ordinance  shall  not  be  so  con- 
strued as  to  include  criminal  ])rosecutions  involving  capital  ptun- 
ishnient. 

Which  was  accepted.  . 

On  motion  of  ]Mr.  Dawkins  the  ordhiance  was  witlidrawii. 

On  motion,  the  Convention  took  a  recess  until  ">  o'clock. 


3  O'CLOCK,  P.  M. 

The  Couventiou  resumed  its  session — a  quorum  i)resent. 

Mr.  Dihvorth  of  Jefferson,  Avho  -was  absent  when  the  Conven- 
tion had  before  it  the  election  of  Congressman,  asked  leave  to 
cast  his  vote  for  .Mr.  Geo.  T.  AVard ; 

Which  was  granted. 

The  ordinance  relative  to  Public  Lands  being  under  consider- 
ation, on  motion  the  Convention  went  into  Committee  of  the 
Whole,  Mr.  Garey  of  Marion  in  the  chair. 

Some  time  being  spent  therein,  the  Committee  rose  and  re- 


56 

]>orte(l  the  ordinance  back  to  the  Convention  witli  araendnients, 
and  asked  to  be  discliarged ; 

Which  motion  was  received  and  the  Committee  dischai'ged. 

.Air.  DaAvkins  of  Alaclma  moved  tliat  the  Convention  now  take 
n]>  the  ordinance; 

Which  Mas  agreed  to.  , 

Ml-.  .VlHson  of  Gadsden  offered  the  following-  as  a  substitute 
for  the  iirst  section : 

Tliat  by  reason  of  tlie  witbdrawal  of  the  State  of  Florida  frou^ 
the  late  United  States,  said  State  assumes  the  proprietary 
right  in,  and  jurisdiction  over  all  public  lands  and  islands  of 
every  kind  and  descrii)tion,  formerly  held  by  the  late  United 
States  Govei-nment,  lying  and  behig  within  the  limits  of  this 
State,  subject,  hoAvever,  to  such  rights  as  have  been  acquired 
under  and  by  virtue  of  the  laws  of  the  said  United  States,  passed 
prior  to  the  lOtli  January,  1861.  But  in  consideration  of  the 
circumstances  nnder  which  said  rights  are  exercised,  said  State 
exjiresses  its  willingness  to  account,  through  the  proper  authori- 
ties, Avith  the  representatives  of  the  said  late  United  States  upon 
a  fin:#  adjustment  of  the  difficulties  })ending  between  said  United 
States  and  the  Confederate  States  of  Ainerica. 

Which  Avas  not  agreed  to. 

Mr.  Pelot  of  Alachua,  yioved  to  amend  the  second  lino  of  the 
tirst  section  by  striking  out  after  the  Avord  "that,"  the  Avords 
"-liy  virtue  of  eminent  domain;" 

Which  Avas  agreed  to. 

^Ir.  Sanderson  of  Duval  oftered  the  folloAving  as  an  amend- 
ment to  the  first  section  : 

"  .Vnd  will  account  for  the  same  subject  to  :uiy  claims  the  State 
of  Florida  may  have  against  the  late  United  States  through  the 
Govermnent  of  the  Confederate  States,  in  such  manner  as  maj- 
be  determined  in  a  final  adjustment  of  all  rights  and  questions 
pending  betAveeii  said  Confederate  States  and  such  Government 
as  may  represent  the  other  States  of  the  late  Federal  Union." 

Which  Avas  read,  and  on  the  adoption  thereof  the  yeas  and 
nays  being  called  for  by  Messi-s.  Allison  and  Sanderson,  Avere  as 
follows  : 

Yeas — Mr.  President,  Messrs.  Aldei-man,  Allison,  J>aker  of 
Jackson,  Barrington,  Ik'ard,  Chandler,  Collier,  Daniel,  DaAvkins, 
Devall,  Dilwortli,  Finegan,  (4ary,  (Glazier,  Hendricks,  Kirksey, 
Lamb,  ]\[cGahagin,  ]Morrison,  Nicholson,  liutland,  Sanderson, 
Sever,  Ward  and  Yates — 26. 

Nays — ]\Iessrs.  Gettis,  Lea  of  Madison,  Love,  McNealey,Mays, 
Palmer,  Pelot,  Stei)hens,  Tui-man  and  Wright — 10. 

So  the  amendment  Avas  adopted. 

The  ordinance  as  amended  Avas,  on  motion  of  Mr.  Stephens  of 
(iadsden,  put  u])on  its  passage  and  a<lopted. 


57 

The  Committee  appointed  to  wait  on  Mr.  Wavd,  member  elect 
to  Congress,  reported  that  they  had  performed  the  duty,  ami 
that  Mr.  Ward  would  respond  in  person. 

Mr.  Ward  being  present,  asked  the  indulgence  of  the  Conven- 
tion until  to-morrow  morning ; 

Which  Avas  granted. 

On  ntotion,  the  Convention  took  a  recess  until  S  o'clock,  this 
evenintr. 


s  OTLOCK,  V.  31. 

The  Convention  resumed  its  session — a  quorum  present. 

Mr.  Beard  of  Leon  moved  to  reconsider  the  vote  taken  this 
afternoon  on  the  ordinance  relative  to  the  ])ublic  lands; 

Which  was  agreed  to. 

Mr.  ]?eard  of  Leon  moved  to  strike  out  all  the  sections  oY  the 
ordinance  after  the  second  section; 

Wliich  was  not  agreed  to. 

The  ordinance  wa.s  then  jiut  upon  its  ])assage,  the  yeas  and 
nays  were  called  for  by  Messrs.  Beard  and  Taylor,  aiid  were : 

Yeas — Messrs.  Baker  of  Calhoun,  Daniel,  Devall,  Dawkins, 
Finegan,  Gary,  (Glazier,  Hendricks,  Henry,  Lamb,  Love,  ]McGa- 
liagin,  oNfays,  Morrison,  Xicholson,  l^almer,  Sanderson,  Stephens, 
Turman  and  Yates — 20. 

Xays — Mr.  President,  Messrs.  Allison,  leaker  of  Jackson,  Bar- 
rington.  Beard,  Collier,  Davis,  Dil  worth,  Gettis,  Lea  of  Madison, 
Mc^Nealey,  Parkhill,  Pelot,  Rutland  and  Taylor— 15. 

So  the  ordinance  was  ado])ted. 

The  (Ordinance  to  raise  money,  etc.,  was  taken  uj),  and  on  mo- 
tion, read  by  sections. 

The  first  section  was  read  and  adopted. 

The  second  section  was  read. 

Mr.  Sanderson  of  J)uval  moveil  to  strike  out  "ten'"  in  the  Hftli 
line,  which  was  carried. 

Mr.  Sanderson  moved  to  fill  the  blank  with  "  twenty." 

Mr.  Dilworth  of  Jefferson  moved  to  amend  said  motion  by 
filling  the  blank  as  follows  i     "  Tens,  fifteen  and  twenty;" 

Which  was  not  agreed  to. 

The  motion  to  fill  the  blank  with  twenty  was  then  adopted. 

The  third  section  was  read  and  adopted. 

The  fourth  section  was  read  and  adopted. 

The  fifth  section  was  read  and  adojtted. 

The  sixth  section  was  read  and  adopted. 

The  seventh  section  was  read,  and  on  motion  was  .stricken, 
out. 


58 

Tlie  eight  ;uul  iiintli  sections  were  read  and  adojjted. 

The  tentli  and  eleventli  sections  Avere  read  and  adopted. 

Mr.  Beard  of  Leon  offered  the  following  additional  section: 

SEf.  — .  Jje  it  ordained,  That  the  Avhole  of  sections  five,  six 
and  seven  of  an  act  of  the  General  Assembly  entitled  an  act  pro- 
viding for  the  issue  of  Treasury  notes,  be  and  they  are  hereby 
repealed ;  and  that  section  eight  be  amended  by  striking  out  the 
words  "The  Banks  enumerated  in  the  (7)  seventh  section  of  this 
act,"  and  insert  in  lieu  tliercof,  "  Banks  that  redeem  their  notes 
in  specie;''  "  '  * 

Which  Avas  not  adopted. 

The  ordinance  as  i-ead  by  sections,  was,  on  motion,  adopted  as 
;i  Avhole. 

IMr.  Davis  of  Leon  offered  the  folloAving  I'esolution  : 

lieaolved,  That  the  Conunittee  on  Enrolments  be  instructed 
to  report  to  the  Convention  a  list  of  sucli  ordinances  as  are  jier- 
manent  and  not  subject  to  be  repealed  by  the  Legislature,  and 
such  as  may  be  altered  or  repealed  by  such  authority ; 

Which  Avas  adopted. 

Mr.  Taylor  of  Ileruando  County  offered  tlie  folloAving  ordi- 
nance : 

Se  it  ordained  hy  the  people  of  the  State  of  Florida  in  Con- 
cention  assembled,  Tliat  the  General  Assembly  be  empoAvered  to 
alter  and  repeal  all  ordinances  adopted  by  this  Convention  after 
the  expiration  of  tAVO  years,  save  such  as  directly  concern  the  al- 
tering and  amending  of  the  Constitution  of  this  State; 

AVhich  Avas  read  and  placed  among  the  orders  of  the  day. 

An  ordinance  relating  to  Courts  held  in  Walton  County,  and 
which  Avas  reported  adversely  on  by  the  Judiciary  Committee, 
was  called  up  by  Mr.  Morrison  of  Walton  County,  and  read, 
Avhereupon  Mr.  Morrison  offered  the   folloAving  as  a   substitute : 

JJe  it  ordained  hij  the  People  of  the  /State  of  Florida  in  Con- 
'vention  assembled,  That  the  term  of  the  Circuit  Court  of  Wal- 
ton county,  held  on  the  12th  day  of  March  last,  Avhich  Court 
Avas  so  held  in  place  of  the  term  as  provided  by  laAV,  to  be  held 
on  the  first  Monday  in  March,nL)e  deemed  and  held  walid,  so  far 
as  civil  cases  are  affected; 

Upon  a  call  of  the  CouA-ention  less  tlian  a  quorum  Avas  pres- 
ent. 

The  Sergeant-at-Arms  being  sent  for7thc  absentees,  returned 
and  reported  that  the  absentees  Avere  not  to  be  found. 

On  motion  the  CouA'ention  adjourned  i;ntil  to-morroAV,  0 
o'clock,  A.  M. 


59 
NINTH  DAY. 

SATrKDAV,  April  I'Ttli,  JSGl. 

The  Cdiivnitioii  iiu't  })iirsu:uit  to  a<ljoiiniinent — n  qiioinim 
present. 

On  motion,  tlie  reading,-  ot"  the  junrnal  of  ye-^terday's  j)roceed- 
♦ings  was  dispensed  Avitli. 

jMr.  "Ward  of  Leon,  who  had  been  eleited  as  a  liepresentative 
to  tlie  Provisional  Congress  to  supply  the  vacaney  occasioned  by 
the  resignation  of  J.  P.  Anderson,  rose  and  said: 

Mn.  Pkksii)i:nt — 1  am  here  to  thank  the  Con\  ention  for  the 
honor  they  have  done  me  in  electing  mo  as  their  representative 
to  the  Congress  at  I\Iontgomery.  It  is  an  lionor  of  which  any 
man  may  well  1>e  proud,  and  more  than  most  men  1  am  not  in- 
sensible to  this  distinguished  expression  of  your  confidence. — 
Neither  am  I  insensible  of  the  duty  Avhich  belongs  to  every  citi- 
zen not  to  withhold  himself  from  any  duty  which  may  appertain 
to  him.  1  )Ut  the  circumstances  of  our  country  are  of  no  ordinary 
character.  "War  is  upon  us — the  country  is  arming,  and  it  may 
not  be  doubted  that  events  are  in  progress  which  Avill  tax  every 
resoiu'ce,  and  demand  eA"ery  enei-gy  of  our  })eopU'. 

Coimeeted  with  the  military  organization  of  the  State,  I  prefer 
not  to  sc])arate  myself  from  my  fellow-citizens,  and  to  contribute 
my  quota  to  the  piiblic  service  by  meeting  along  with  them  what- 
•ever  of  responsibility  and  duty  may  be  before  us. 

T  beg,  therefore,  for  these  reasons,  to  thank  the  Convention  for 
the  honor  they  have  done  me,  and  to  render  l)ack  into  their 
hands  the  appointment  they  have  conferred, 

Mr.  Dawkins  of  Alachua  offered  the  following  ordinance : 
^YIIEUEAs,  Emergencies  have  rendered  it  necessary  to  call  intc> 

service  military  organizations  of  this  State,  and  to  arm,  equip, 

.and  trans])ort  the  same  ;  and,  ir/ureas,  the  Governor  has  ex- 
pended certain  monies  for  said  purpose  : 

J^e  it  ordained  hy  the  peojile  of  the  State  of  Florida  in  Con- 
vention as.Hcmhled,  That  the  Conlptroller  of  I'ublic  Accounts  be 
and  he  is  hereby  required  to  audit  and  allow  all  expenses  inci- 
dent to  and  arising  from  the  same,  heretofore  nuide  bv  Governor 
M.  S.  Perry. 

The  rules  being  waived,  it  was  put  upon  its  passage  and 
adopted. 


60 

o}it)p:rs  of  the  day. 

An  uriliniuice  to  rei»eal  sundry  acts  of  the  last  General  As- 
sembly, was  taken  up  aiid  read. 

Mr.  Love  of  Gadsden  moved  to  strike  out  that  part  of  the  or- 
dinance which  relates  to  the  ]ier  diem  of  members  of  the  Gen- 
eral Assembly  ; 

Which  was  adopted. 

The  ordinance  was  tlien  put  upon  its  jjassage,  tlu'  yeas  and 

nays   beim;:   called    for   by   Messrs.    Palmer   and ,  and 

were : 

Yeas — Mr.  President,  ■Messrs.  Alderman,  Allison,  Baker  of 
Jackson,  liarrington.  Collier,  Coojier,  Davis,  Dilworth,  Finegan, 
Henry,  Kirksey,  Lea  of  Madison,  Love,  McNealey,  Palmer,  San- 
derson, Spencer,  Stephens  and  Ward— 20. 

Nays — Messrs.  Baker  of  Calhoun,  Cliandler,  Daniel,  Dawkhis, 
l)e\'all,  Gary,  Gettis,  Glazier,  Hendricks,  Lamb,  McGahagin, 
Mays,  Nicholson,  I'arkhill,  Pelot,  Rutland,  Sever,  Taylor,  Tur- 
man,  Wright  and  Yates — 21. 

So  the  ordinance  was  not  adoj)ted. 
]Mr.  Beard  of  Leon  offered  the  following  ordinance  : 
Ax  Ordixaxoe  supplemental  to  an  ordinance  passed  by  this  Con- 
vention April  2Gtli,  1861,  entitled  "an  ordinance  to  raise  mon- 
ey for  the  exigencies  of  the  State  and  for  the  payment  of  the 
j»ublic  debt." 

J jc  it  ordained  hij  the  people  of  th.e  Steite  of  J^'lorida  in,  Con- 
tention ((ssemhled,  That  the  Register  of  Public  Lands  of  this 
State  be,  and  he  is  hereby  directed  and  instructed  to  receive  in 
I)ayment  for  any  lands  heretofore  sold,  or  that  may  hereafter  be 
sold  through  or  by  his  office,  notliing  but  gold  or  silver  coin,  or 
the  bills  of  solvent  banks,  anything  that  may  be  contained  in 
•■xny  act  of  the  (Tcneral  .\ssembly  to  the  contrary  notwithstand- 
ing. 

B>i  itfnrtliei'  ordaim-d,  Tliat  the  Register  of  Public  Lands  be, 
and  he  is  herel)y  required  to  give  bond  in  the  sum  of  thirty  thous- 
and dollars,  with  good  and  sufficient  security,  to  be  a])jirovedby 
the  Governor  of  tlie  State,  for  the  faithful  discharge  of  the  duties 
of  his  office. 

Jie  it  farther  or(/(iined.  That  the  fractional  tt)\vnships  of  the 
|»ublic  lands,  lying  along  the  boundarj'  line  Ijetween  Florida  and 
Georgia,  shall  l)e  ottered  for  sale  in  the  same  manner  as  is  pro- 
vided for  by  the  ordinance  for  the  sale  of  military  and  naval  re- 
serves, and  in  casi' any  of  the  same  shall  not  have  been  surveyed, 
it  shall  be  the  duty  of  the  Register  of  puldic  lands  to  cause  the 
same  to  be  surveyed. 

The  rules  were  Avaived,  the  ordinance  put  upon  its  passage  and 
adopted. 


An  ordinance  legalizing  a  term  of  the  Cironit  Court  in  "Walton 
County, 

Was  taken  up,  read  and  adopted. 

The  ordinance  on  the  Forts,  Arsenals,  Dock-yards,  Navy- 
yards,  Are.,  reported  l)y  tlu*  Special  Connnittee,  was  taken  up 
and  read. 

Mr.  Stephens  of  (.itadsden  olfered  the  following  amendment: — 
'•'Exce[>t  tlie  Arsenal  at  Ciiattahoochee;'" 

Which  Avas  adopted. 

Mr.  Pelot  of  Alachua  olfered  the  following  amendment :  ^  Af- 
ter Chattahoochee  "  and  the  barracks  at  St,  Augustine ;" 

Which  was  ado])ted. 

Mr.  Dawkins  offered  the  following  additional  section: 

lie  U  fio'tlur  ordained^  That  ttie  Legislature  be  enii)Oweieil 
to  dispose  of  the  Arsenal  at  Chattahoochee,  and  the  l>arracks  at 
St.  Augustine,  to  such  uses  and  purposes  as  in  their  judgment 
nuiy  seem  best ; 

Which  was  adopted. 

The  ordinance  a.s  a.mended  was  put  upon  its  j)assage  and  adoji- 
ted.  '     . 

Islv.  Ward  of  Leon  called  uj)  an  ordinance  anu-ndatory  to  an 
ordinance  passed  in  Convention  on  ilu'  10th  day  of  .April,  ISGl, 
to  create  a  tribunal,  tfcc. ; 

Which  was  read  and  adojtted. 

An  ordinance  to  define  and  punish  petty  treason,  sedition,  tfcc., 
was  read,  and  on  motion  adopted. 

Mr.  Parkhill  of  L(>on,  from  the  Military  Connnittee,  ofiered 
the  following  report : 

*Tlie  standing  committee  on  Militia  and  Internal  Police,  to 
whom  was  referred  the  ordinance  for  military  purposes,  have  had 
the  same  under  consideration  and  report  the  foUowhig  ordinance 
a<  a  substitute  therefor,  and  recommend  that  the  same  do  pass: 

A.V  OKDIXANOE  KOR  MIIJTAKY  I'UUPOSKS.  ,        " 

Lid  it  ordained  hij  tliepeopU  of  the  State  of  J^^lorida  in  Con- 
luntion  assettihled^  That  whenever  the  ])rotectioii  of  the  people 
and  defence  of  the  State  from  sudden  or  apprehended  invasion 
shall  require,  the  Governor  be  and  he  is  hereby  authorized  to 
call  into  service  such  lumibcr  of  troojjs  as  he  may  deem  neces- 
sary for  such  purpose,  and  such  troops,  while  in  service,  shall  be 
subject  to  the  rules  and  articles  of  war  of  the  Confederate  States; 
and  h(^  shall  appoint  the  conunanding  ollicer  of  such  force,  with 
rank  and  pay  to  corres])ond  with  the  number  of  troops  called 
into  service.  The  other  commissioneilofiicers  shall  be  elected  by 
the  troops. 

Be  it  further  orddiiud^  That  the  Govern<u-  shall  have  power 
to  a)>point   and  connnission  engineer   and   artillery  ollicers,  and 


(52 

sud-i  otlier  (ifiicfrs  a>  ni:iy  hv  necessary,  to  instnu-l  tlie  troops  :iii<l 
militia  in  military  tav'.tics,  and  to  {irescrilte  tlieii-  rank. 

Be  Hfid-thrr  ordained,  Tliat  all  staff  officers  shall  be  appointed 
from  ainong  the  citizens,  either  civil  or  military,  at  the  discretion 
tiftlie  api)ointing-  power,  and  that  all  laws  and  parts  of  laws  con- 
flictinix  with  this  ordinance  be  and  the  same  are  hereby  repealed. 

Be  It  further  ordnhu'd,  That  the  officers  and  men  of  all  ranks 
and  si;rades  in  the  service  of  Florida,  when  called  into  service  or 
placed  on  dnty,  shall  receive  the  same  pay  as  officers  and  men  of 
like  rank  in  the  army  of  the  Confederate  States. 

Be  it  further  ordained,  That  the  officers  created  by  this  ordi- 
nance for  s})ecial  service,  shall  vacate  their  commissions  v^dienever 
the  service  for  Avhich  they  have  been  called  shall  have  tern-ii- 
nated,  and  the  men  mnstered  out  of  service. 

Be  itfnrthfr  ordained,  That  the  Governor  shall  have  power 
to  appoint  the  following  staff  officers :  One  Adjutant  and  In- 
>pectoi'-General,  one  Surgeon-General  and  four  Aids-de-Camp, 
with  the  rank  of  Colonel ;  one  Quartermaster ;General,  and  one 
Paymaster-Cxeneral,  with  the  rank  of  Lieutenant-Colonel ;  and 
the  said  (J^iartermaster-iTcneral  shall  also  perform  the  duties  of 
Cliief  of  Ordnance. 

Be  it  further  ordained.  That  the  Surgeons  and  Assistant-Sur- 
geons for  all  troops  called  into  service,  shall  be  a])pointed  and 
comniissioned  by  the  Governor. 

All  of  which  is  respectfully  submitted. 

'  G.  W.  PARKHILL,  Chairman. 

Which  Avas  read,  and  on  motion  adopted. 

Mr.  Parkhill  of  Leou  offered  the  following  ordinance  : 

-VN    ORDIXANCK   TO    INSURE   A  SPEEDY    COMMUNICATION'    "\\  ITU  THJ-: 
CAPITAL  AND  OTHER  POINTS. 

Whereas,  In  consideration  of  a  threatened  invasion  and  the  dif- 
ficulty in  the  Avay  of  a  speedy  communication  between  the  Cap- 
ital and  the  Eastern  and  Southern  sections  of  our  State,  we, 
the  people  of  the  State  of  Florida  in  Convention  assembled,  do 
ordain,  tliat  the  Governor  be  authorized  to  Jiave  constructed, 
without  delay,  a  Telegrapli  Line  along  the  Railroad  to  Bald- 
win, (where  there  is.  a  centering  o/ several  telegrapli  lines)  on 
condition  tliat  ihi'  Railroad  Companies  along  the  route  furnish 
the  posts; 

Whicli  was  f(>ad  and  placed  among  the  orders  of  the  day. 

Mr.  Palmer  moved  that  the  Convention  now  go  into  an  elec- 
tion for  a  member  to  (Congress,  to  fill  the  vacancy  of  Mr.  Ward, 
who* declined ; 

Which  was  adopted. 

Messrs.  W^ right  and  Jiaker  were  appointed  tellers. 

On  the  first  ballot  the  vote  stood:  For  W.  G.  M.  Davis,  20  : 
For  Joiix  1>t;.\i;i>.  S<  :   Scatterina',  n. 


The  President  declared  there  was  uo  election. 

The  Convention  proceeded  to  second  hallot,  and  the  vote  ^^  a?  : 

For  W.  G.  M.  Davis,  25 ;  For  John  Beard,  9 ;    Scattering  -k 

The  President  declared  there  "was  no  election. 

The  Convention  jjroceeded  to  a  third  hallot,  and  the  vote  was: 

For  W.  G.  M.  Davis,  27  ;  For  J.  Beakp,  (5  ;  Scattering,  6. 

The  President  declared  there  was  no  election. 

The  Convention  jiroceeded  to  fonrth ballot,  and  the  vote  was: 

For  W.  G.  M.  Davis,  27  ;  For  Joiix  Beakd,  8;  Scattering,  6. 

The  President  declared  there  was  no  election. 

The  Convention  proceeded  to  a  fifth  Iiallot,  and  the  vote  was : 

For  W.  G.  M.  Davis,   24  ;  Joiix  Beakd,  1 1 ;  Scattering  6. 

Mr.  Allison  of  Gadsden  moved  that  ]Mr.  Ward  l)e  rcqnestet! 
to  withdraw  his  resignation  ; 

Which  Avas  nnanimonsly  adopted. 

Mr.  Ward  being  present,  expressed  his  nnwillingness  to  de- 
cline on  his  part  the  wishes  of  his  "fellow-citizens''  so  unani- 
mously expressed. 

Resolutions  with  i»roposed  alterations  to  the  Constitution  of 
the  Confederate  States  were  taken  up,  read  and  adojited. 

Mr.  Finegan  of  Nassau  offered   the  following  ordinance  : 

He  it  ordahu'd,  That  the  Governor  of  this  State  be  and  he  is 
hereby  authorised  to  cause  any  funds  in  the  Treasury  or  in  his 
control  to  be  applied  to  equipping  the  forces  called  or  to  b<' 
♦•ailed  into  service  by  the  Confederate  States. 

Which  was  2)ut  upon  its  passage  and  adopted. 

Mr.  Davis  of  Leon  offered  a  resolution  instructing  the  Com- 
mittee on  Finance  to  enquire  whether  or  not  the  State  of  Florida 
ought  to  pay  the  debts  due  by  the  late  United  States  to  citizens 
of  the  State  of  Florida,  tfec,  and  asked  its  reference  to  the  Com- 
mittee of  Finance  ; 

Which  was  agreed  to. 
■    Mr.  Turman  of  Hillsboro  asked  leave  to  have  read  to  the  Cou- 
vention  the  following: 

MoNTGOMEiiv,  April  26th,  18(31. 
lion.  Simon  Tiiimax: 

Twelve  months  troops  onlv  accepted. 

A.  F.  TIFT. 

And   thereupon   asked   leave  to  withdraw  from  tlie  table  a 
scries  of  resolutions  introduced  on  the  lOth   April,    1861,  int 
tliis    Convention. 

Mr.  Davis  of  Leon  offered  the  tollowhig  resolution  : 

Jie.solvt^d,  That  the  Committee  on  Knrolments  be  autliorieed 
lo  employ  assistant  Clerks  to  enrol  the  ordinances  of  the  Cx)n- 
vention. 

Which  was  ad(j])ted. 

^fr.  Beard  offered  the  folU)Avin<r  resohition: 


64 

Il('iioh'i:(h  That  the  President  of  tliis  Convention,  Avith  three 
other  members  to  be  designated  by  him,  be  and  tlicy  are  hereby 
authorized  to  examine  tlic  enroled  ConstitutioJi  ;  and  that  after 
such  examination  the  President  be  and  lie  is  authorized  to  sign 
the  Constitution  as  enrolled  and  approved. 

]\Ir.  Davis  offered  the  following  amendment : 

licsoh'ed,  That  the  Convention  will  not  adjourn  until  the 
Constitution  and  ordinances*  have  been  reported  as  being  cor- 
rectly enroled  by  the  Connnittee  on   Enrolments. 

Which  was  accepted. 

The  resolution  as  amended  was  then  read  and  adopted. 

The  Constitution  of  the  State  as  reported  from  the  Committee 
of  the  AVhole  Avas  taken  up  and  read. 

Mr.  Beard  moved  to  strike  out  the  preamT)!e; 

Which  v.as  agreed  to. 

Mr.  Davis  of  Leon  moved  to  strike  out  tlie  od  section  of  the 
5th  article  of  the  Constitution: 

Which  was  agreed  to. 

3Ir.  Allison  of  Gadsden  moved  to  strike  out  of  the  1st  section 
of  the  0th  article  of  the  Constitution,  the  words  ''  and  shall  have 
))aid  all  taxes  due  by  him  at  least  five  days  before  the  day  of  elec- 
tion ;" 

Upon  the  adoption  of  which  the  yeas  and  nays  wt-'re  called  for 
liy  Messrs.  Allison  and  Davis,  and.  Avere: 

Yeas— ^Messrs.  Allison,  Gettis  and  Taylor — -3. 

ISTays — Mr.  President,  ]Messrs.  .Vlderman,  ]>aker  of  Jackson 
J ieard,  Chandler,  Collier,  Daniel,  Davis,  DaAvkins,  Devall,  Fhi- 
egan,  Gary,  Glazier,  Hendricks,  Henry,  Hunter,  Kirksey,  Lamb, 
Lea  of  ]NLadison,' Love,  McGahaghi,  ]\[cXealey,,  Mays,  Newman, 
Nicholson,  Palmer,  Parkhill,  Pelot,  Rutlan<l,  Sanderson,  Sever, 
S])encer,  Ste[)hens,  Turman  and  Yates — 35. 

So  the  Convention  refused  to  strike  out. 

Mr.  Taylor  of  Hernando  moA'cd  to  strike  out  all  of  section  2d 
(•f  article  G  ; 

Which  was  agreed  to  and  said  section  stricken  out. 

,Mi-.  Allison  of  Gadsden  moved  to  strike  out  the  last  clause  of 
section  4  of  article  6  ; 

I^pon  which  the  yeas  and  nays  were  called  by  Messrs.  Allison 
and  Davis,  and  were  : 

Yea— Mr.   Allison — 1. 

Nays — Mv.  President,  Messrs.  Alderman,  Baker  of  Calhoun, 
I'aker  of  Jackson,  Barrington,  Beard,  Chandler,  Collier,  Cooper, 
Daniel,  Davis,  Dawkins,  Dilworth,  Finegan,  Gary,  Gettis,  Gla- 
zier, Hendricks,  Henry,  Hunter,  Kirksey,  Lamb,  Lea  of  Madison, 
J^ovc,  j\lcGahagin,  ]Vfays,  Newman,  Nicholson,  Palmer,  Park- 
hill,  Pelot,  Uutland,  Sever,  Stephens,  Taylor  and  Turman — 3G. 

So  the  motion  was  not  agreed  to. 


6.") 

Mr.  Diu  is  of  Loon  moved  to  strike  out  all  of  section  4,  ot' 
Article  G,  and  the  yeas  and  nays  being  called  on  said  motion 
were : 

Yeas — Messrs.  Alderman,  .Vllison,  liakcr  of  ('alhouii,  leaker 
(>f  Jackson,  Coo])er,  Davis,  ])awkins,l)ihvortli,  Finegan,  Henj'v. 
Hunter,  McGahagin,  IMcXealey,  i\rays.  Palmer,  PaVkhill.  IJuV 
land,  Sanderson  and   Spencer — 10. 

Nays — Mr.  President,  Messrs.  Barringttm,  Heard,  Chandler, 
Collier,  Daniel,  Gary,  Gettis,  Glazier,  Hendricks.  Kirksey,  Laml», 
Lea  of  Madison,  Love,  Newman,  Nicholson,  Pelot,  Sever. 
Taylor,  Stephens  and  Turman — 20. 

So  the  Convention  refused  to  strike  out. 

On  motion  the  15th  article  of  said  Constitution  Avas  stricken 
out. 

On  motion  of  .Mr.  Davis  of  Leon  the  secoiid  section  of  the 
16th  article    was  stricken  out. 

On  motion  the  Constitution  as  read  and  amended  was  adopted 
as  the  '•  ConstitutloJi  or  Foi'in  of  (Tovernmcnt  f  >r  the  People  of 
Florida." 

Mr.  Beard  of  Leon  moved  that  the  ordinance  of  secession  be 
suhstituted  in  lieu  of  the  preamble  which  had  been  stricken  out ; 

Which  motion  was  adopted. 

Mr.  Allison  of  Gadsden  ottered  the  following  ordinance  : 

A.V    ORDINANCE     SUBMnTiNG     THE     CONSTITUTION  TO  THE    PEOPLE. 

Be  it  ordained^  That  before  this  Constitution  shall  take  effect, 
(except  such  parts  thereof  as  may  relate  to,  or  in  an\'  wise  aftccl 
the  ordinance  of  secession)  the  same  shall  be  submitted  to  the 
qualified  electors  of  this  State  for  their  ratification  or  rejection, 
at  an  election  to  be  held  on  the  first  Monday  in  October  next, 
said  election  to  be  conducted  in  the  same  manner  and  governed 
by  the  same  rules  and  regulations  as  are  now  provided  h\  hxv, , 
governing  the  election  of  meml)ers  of  the  most  numerous  Itranch 
of  the  General  Assembly. 

Be  it  further  ordaiiud^  That  such  electors  as  may  be  in 
favor  of  adopting  the  same  shall  signify  it  by  voting  "  Ilati- 
fication,"  and  those-  against  its  adoption  "  No  Katiiication ;" 
and  if  a  majority  of  the  legal  votes  cast  at  said  election  shall 
he  for  ratification,  then  the  same  shall  u])on  the  proclamation  of 
the  Governor  to  that  effect,  be  the  Constitution  of  this  Statt', 
otherwise  it  shall  not ; 

And  moved  that  the  rules  be  waived  and  that  said  ordinance 
k(!  ])ut  on  its  passage,  seconded  by  Mr.  Wright  of  Escaml)ia. 
On  the  motion  to  waive  the  rules,  the  yeas  and  nays  were  called 
by  Messrs.  Allison  and  Wright,  and  were  : 

Yeas — Messrs.  Alderman,  Allison,  Baker  of  Jackson,  Collier, 
Cooper,  Daniel,  Davis,  Gettis,  Glazier,  Henrv,  Lamb,  Lea  of 
5 


66 

Madison,  McXealey,  Xewman,  Palmer,  Sanderson,  Sever,  Ward 
and    Wriixht— 19. ' 

Nays — ]Mr.  President,  Messrs.  Baker  of  Calhoun,  Barrington, 
Beard,  Chandler,  Dawkins,  Devall,  Finegan,  Gary,  Hendricks, 
Hunter,  Kirksey,  Love,  McGahagin,  Mays,  Nicholson,  Parkhill, 
Pclot,  Rutland,  Spencer,  Stephens,  Taylor  and  Turman — 23. 

So  the  Convention  refused  to  waive  the  rules,  and  the  ordi- 
iiance  was  placed  among  the  orders  of  the  day. 

The  President  announced  the  following  Committee,  under  the 
resolution  passed  in  Convention  to  raise  a  committee  to  examine 
and  report  upon  enrolled  bills — Messrs.  Beard,  Davis  and  Ste- 
phens. 

On  motion,  the  Convention  took  a  recess  imtil  T  o'clock,  this 
P.  M. 


7  O'CLOCK,  P.  M. 

The  Convention  resumed  its  session — a  quorum  present. 

An  ordinance  for  the  relief  of  Railroad  Companies, 

Was  taken  up  and  read. 

Mr.  Finegan  of  Nassau  moved  to  amend  said  ordinance  by 
striking  out  "  Companies,"  and  insert  the  "  Georgia  &  Pensacola 
.•ind  Alabama  and  Florida  Railroads  ;" 

Which  amendment  was  agreed  to. 

The  ordinance  as  amended  was  put  on  its  passage  and  adop- 
ted. 

Mr.  Davis  of  Leon  oftered  the  following  ordinance : 

Be  it  ordained  by  thejieople  of  tJie  State  of  Florida  in  Con- 
vention assembled.  That  all  persons  now  holding  office  in  thi  States 
be  continued  in  office  until  the  term  expires  for  which  they  were 
elected  or  appointed,  unless  sooner  removed  in  the  manner  pro- 
vided by  the  Constitution  and  laws  of  this  State. 

The  rules  Avere  waived,  the  ordinance  .put  on  its  passage  and 
adopted. 

An  ordinance  relating  to  Railroad  Connections  with  Georgia, 

Was  taken  up  and  read. 

Mr.  Davis  of  Leon  called  from  the  President's  desk  a  commu- 
uication  from  Mr.  J.  B.  Galbraith,  the  Attorney  General,  in  an- 
swer to  a  resolution  of  the  Convention  of  the  25th  inst.,  wl^ch 
was  read,  as  follows  : 


G7 

OF   ' 

Tau.ahasskk,  April  20th,  1801. 


(>kfk;k  of  the  Attoknky  Gexeuai.,  ) 


]It)N.  J.  C.  M((tkiii:k, 

President,  of' the  iState  Concentlou  : 

SiK — The  folio wiiij;  resolution  has  been  transmitted  to  nie  by 
\\\e  Secretary  of  tlie  Co!\vention  : 

"  Hesolvrd,  That  the  Attorney  (Teiicral  he  requested  to  give 
to  the  Convention  his  opinion  Avhether  the  accompanying  pro- 
posed ordinance  will,  if  ])assed,  interiere  witli  the  vested  rights 
of  any  Railroad  Company  incor})orated  in  the  State  ;  also  ■whether 
there  has  been  any  decision  of  the  Supreme  (^onrt  made  in  any 
case  in  which  the  right  of  the  IVnsacola  and  (ileorgia  llailroad 
Company  lo  construct  their  line  of  road  to  any  jioint  on  the  boun- 
dary line  of  the  State  of  Georgia  has  been  decided,  and  if  so  that 
he  stati'.  what  such  decision  has  been,  and  annex  to  his  0]>inioy  a 
copy  thereof" 

The  proposed  ordinance  provides  "  that  no  railroad  shall  he 
constructed  connecting  the  lines  of  roads  specified  in  the  Act  to 
provide  for  and  encourage  a  liberal  systeni  of  Intei'nal  Improve- 
ment in  this  State,  with  the  line  of  the  State  of  Georgia,  until  the 
several  roads  in  the  system  created  liy  the  act  aforesaid  shall  be 
(Completed  and  in  operation,"  «fec. 

It  is  obvious  that  the  eifect  of  th(>  proposed  ordinance  will  6c 
to  prevent  the  Pensacola  and  (Tcorgia  Railroad  Company,  wliicf) 
is  the  only  com] tany  that  has  accepted  tlie  provisions  of  the  Iii- 
ternal  Improvement  act  which  can  extend  its  line  of  road  to  tire 
line  of  the  State  of  Georgia,  from  constructing  its  road  to  saii 
line  until  certain  circumstances  and  conditions  shall  have  arisen 
specified  in  the  proposed  ordinance.  The  simple  question  to  be 
determhied  then  is,  Has  the  Pensacola  and  Georgia  Railroa'sl 
Company  the  present  right  to  construct  their  road  to  the  Geor- 
gia line  y  T^s  question  has  been  decided  affirmatively  by  the 
Supreme  Court  in  the  casi;  of  Johnson,  appellant,  vs.  the  Pensa- 
cola and  Georgia  Railroad  Comjiany,  January  Term,  1 860.  it 
is  not  necessary,  therefore,  that  I  should  re^  iew  the  argument- 
of  the  subject,  it  having  been  determined  by  the  highest  judicial 
tribunal  of  the  State. 

It  would  seem,  therefore,  that  the  i)assage  of  the  proposed 
ordinance  Mould  necessarily  pre\ent  the  Pensacola  and  Georgia 
Railroad  Comj^any  from  exercising  a  right  which  the  Supreme 
Court  has  decided  to  he  vested  in  it.  If  the  decision  of  the 
Suj)reme  Court  is  conc-lusive,  and  that  it  is  there  can  be  no 
doubt,  the  jiassage  of  the  i)roposed  ordinance ''  will  interfere  with 
tbe  vested  right"  of  the  Pensacola  and  (Jeoriria  Railroad  Com- 
ftany. 

T  enclose,  according  to  the  re(|uest  of  the  r<-.'-olntioii.  .-*  copy 


ot'  the  decision  of  the  Supreme  Court  in  the  case  of  Johnson  vs. 
iho  Ponsacola  and  Georgia  Kaih-oad  Coin])any. 

Very  respectfully, 

JNO.  B.  GALBRAITH. 
Mr  Davis  moved  to  indefinitely  postpone  said  ordinance  ; 
ITpon  which  the  yeas  and  nays  were  called  by  Messrs.  Davis 

:md  Stephens,  and  were :  t^     •     t^      n   ir-  i 

Yeas— Messrs.  Baker  of  Calhoun,  Collier,  Davis,  Devall,  Kirk- 
sev.  Lea  of  Madisoti,  Nicholson,  rainier,  Rntlanfl,  Stephens  and 

'  Ward — 1 1 . 

Xavs— ]\[r.  Pi-esidenl,  Messrs.  Allison,  Barrington,  Beard, 
C  haiidler.  Cooper,  Daniel,  Dawkhis,  Finegan,  Gary,  Gettis,  Gla- 
/.ier,  Hendricks,  Ilenrv,  Hunter,  Lamb,  McGahagin,  Newman, 
Pelot,  Sanderson,  Sever,  Taylor,  Turman  and  Wright— 24. 

So  the  Convention  refused  to  postpone. 

Mr.  Wrii^ht  of  Escambia  ottered  the  following  amendmeht : 

it  1)eing "further  provided  that  the  line  or  lines  of  said  road  or 
roads  shaU  be  Avithin  the  limits  of  the  State  of  Florida ; 

Which  was  accepted. 

Mr.  Allison  of  Gadsden  ottered  the  following  amendment: 

Provided,   also.  That  nothing  herein   contained  shall  be  so 
construed  as  to  interfere  with,'^  or  in  any  •wise  disparage  any 
vested  rights  acquired  under,  and  by  virtue  ol  thelaws  of  this. 
State; 

Whicli  Avas  read. 

Mr.  l*elot  of  Alachua  called  the  previous  question. 

Mr.  Davis  i.f  Leon  claimed  the  floor  and  the  President  so  de- 
cided. ... 

Mr.  Pelot  appealed  from  the  decision  of  the  Chair,  upon  which 
.■tn]K'al  the  yeas  and  iiavs  were  called,  and  the  question  being, 
•'\Vill  the  Convention 'sustain    the  decision  of  the   Chair?"  the 

vote  was:  ,  1,1/-^ 

Yeas— Messrs.  Baker  (jf  Callioun,  Barrmgton,  l>e§rd.  Cooper. 
Davis,  Dawkhis,  Devall,  Finegan,  Gary,  (Pettis,  Glazier,  Henry, 
Hunter,  Kirksey,  liOa  of  Madison,  Love,  McGahagin,  Newman, 
Nicholson,  Palmer.  l{utlan.l,  Scvei-,  Taylor,  Stephens,  Turman, 
und  Ward— 27.  . 

X-iys—Mcssrs.  Allison,   Chandler.  Daniel,  Hendricks,   J^amb, 

P<>lot,'  Sanderson  and  Wright — 8. 

So  the  decision  of  the  Chair  was  sustained. 

Mr.  Tm-man  of  Hillsl)oro  moved  to  adjourn  until  n  o  clock 
Monday  morning,  u])on  which  motion  the  yeas  and  nays  were 
'•mIUmI,  and  were :  .       ^ 

Yeas — Mr.   President,  Messrs.  llarrington,  lieard,  Davis,  Get- 
lis,  (Glazier,   Henry,   Kirksey,  ^NIcCTahagin,  Nicholson,  Pvutland,^ 
Ste]»hens,  Turman  and  Ward — It. 

X;,ys_M(.ssrs.    Allison.  P.aker  of  (^-tllioun.  Chandler,  Coo]>er. 


•]9 

liiiniel,  Dawkins,  Dcvull,  Finegan,  Gary.  Hendricks,  Hunter. 
Lamb,  Lea  of  Madison,  Love,  Newman,  Palmer,  Pelot,  Saii- 
derson.  Sever,  Taylor  and  Wright — 21. 

So  the  Convention  refused  to  adjourn. 

Mr.  Dawkins  of  Alachua  offered  the  following  resolution  : 

Be  it  resolved,  That  for  the  want  of  time  the  consideration 
of  the  ordinance  now  before  the  Convention  be  postponed  ; 

Which  was  adopted. 

Mr.  llutland  movevl  {(>  Mdjourii,  which  lUdlion  was  not  agreed 
to. 

Mr.  Daniel  of  Duval  moved  to  take  up  the  ordinance  from  the 
Uible  relating  to  a  telegraph  line  between  Tallahassee  and  ]>ald- 
win,  Avhich  Avas  agreed  to.  The  ordinance  Avas  read  and  put 
upon  its  passage,  upon  which  the  yeas  and  nays  were  called, 
.'Mid  were: 

Yeas — Mr.  President,  Messrs.  Allison,  JJaker  of  Calhoun,  Bar- 
rington.  Beard,  Chandler,  Cooper,  Daniel,  Davis,  Dawkins,  Fine- 
gan, Glazier,  Hendricks,  Ilenry,  Kirksey,  Lea  of  Madison,  Pelot. 
Sanderson,  Tayloi',  Ward  and  Wright — 21. 

Nays — Messrs.  Devall,  Gary,  Gettis,  Hunter,  l^amb.  Love, 
McGahagin,  Newman,  Nicholson,  Palmer,  Rutland,  Sever,  Ste- 
phens and  Turman— 14. 

So  the  ordinance  was  adopted. 

An  ordinance  empowerhig  the  IjCgislature  to  repeal  certain 
<irdinances  of  this  Convention,  was  read,  put  upon  its  passage 
:md  lost. 

Mr.  Daniel  of  Duval  offered  the  following  resohition  : 

Resolved.,  That  in  view  of  the  increased  and  arduous  labors 
performed  by  the  Chief  Secretary  of  this  Convention  during  the 
present  session,  he  shall  be  allowed  six  dollars  per  day  for  the 
same. 

The  rules  were  Avaived  and  the  resolution  adopted. 

Mr.  Daniel  offered  the  folloAving  resolution  : 

Heesolved,  That  the  Chief  Secretary  of  this  Convention  be, 
and  he  is  hereby  instructed  to  !iave  printed  1000  coi)ies  of  the 
amended  constitution  and  the  ordinj^iices  and  resolutions  passed 
by  this  Convention  at  its  session  on  26th  of  February,  1861,  as 
well  as  its  present  session ;  that  lie  cause  1 0  copies  of  the  same 
to  be  sent  to  each  member  of  the  Convention,  and  10  to  the 
Clerks  of  the  Circuit  Courts  of  the  several  Counties  of  this  State, 

The  rules  Avere  Avaivcd  and  the  resolutic»n  adopted. 

Mr.  DaAvkins  of  Alachua  offered  the  folloAving  resolution  : 

Resolved,  That  a  Special  Committee  on  Enrolment  to  consist 
of  three,  be  appointed,  to  attend  to  the  enrolment  of  all  ordinan- 
ces and  resolutions  j)assed  by  this  C<mvention. 

Which  Avas  ado))ted,  and  Messrs.  Davis,  lieard  and  Stephens 
were  appointed  said  Committee. 


7*' 

Mr.  J):jiikl  (tt*J)u\:il  orti-red  thv  followiiiLi:  )e'So]utloii : 

Jicftofmd,  -That  the  >Secrel:ii-y  of  tliis  Convention  be  nuthor 
izod  to  niulit  the  accounts  of  members,  and  that  the  same  be  paid 
by  the  Treasurer  upon  tlie  warrant  of  the  Comptrollei-. 

The  rules  were  waived  and  the  resolution  adopted. 

Mr.  Henry  of  Gadsden  oflered  the  following  resolution  : 

Jiesolved,  That  the  thanks  of  this  Convention  are  hereby  tcji- 
•lered  to  the  Hon.  J.  C.  McGehee  for  the  pa,tienf,  unremitting, 
aud  dignified  manner  in  which  he  has  presiderl  over  the  ])resei)t 
Convention. 

AVhich  Avas  unanimously  adopted. 

Mr.  LoA'e  of  Gadsden  moved  that  this  C'onx  eution  Jiow  adjourji 
.•<hie  die  xmless  convened  by  the  President  on  or  Itefore  the  '25th 
<if  December  next; 

Which  was  adopted. 

The  President  then  anuoimced  that  tbe  Convention  stood  ad- 
j<»urned  in  accordance  therewith. 


